as exempt pending permanent change in the regulations to expand the small-employer exemption). personalized name korn band tumbler In the present rulemaking, the Secretary proposed
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The remaining inspections are conducted at specific worksites in the construction industry and in other non-construction industries selected under a planned schedule. personalized name korn band tumbler Construction inspections are selected using an econometric model that predicts the best time to conduct an inspection at a specific construction project. The general industry scheduled inspections are targeted primarily toward employers with extremely high rates of occupational injury and illness, using data supplied by employers to the OSHA Data Initiative under the requirements of former section 1904.17, Annual OSHA Injury and Illness Survey of Ten or More Employers (now section 1904.41). Due to budget, paperwork burden and logistical constraints, OSHA collects data only from employers in high hazard industries, and has generally not collected data from employers with fewer than 40 workers.
It is a fundamental principle of administrative law that an agency which chooses to reverse a previously held position must supply a “reasoned analysis” of its decision. Motor Vehicle Mfgrs Assn. v.State Farm Mutual Automobile Insurance Co., 463 U.S. 27, 42 . After careful consideration, the Secretary finds no persuasive basis for eliminating the small-employer exemption in this rule. As a threshold matter, nothing has changed the agency’s long-held view that section 8 permits a carefully tailored exemption from recordkeeping requirements for very small businesses. 42 FR . This interpretation is consistent with the literal wording of the statute and is further confirmed by the provisions in the Department’s appropriations acts for FY 1975 and 1976, exempting employers with ten or fewer employees from routine recordkeeping and reporting requirements. See 42 FR (noting restriction in FY 1975 and 1976 appropriations acts and stating OSHA would continue to treat firms of up to 10 employees