OSHA also asserted that, consistent with Supreme Court precedent, the pooh cartoon crocs the Agency should be permitted to exercise its discretion in determining the appropriate rulemaking
the pooh cartoon crocs
OSHA published OMB’s letter describing its determination in a notice in the Federal Register. (See also 53 FR (Apr. 27, 1988) ). The revised final rule was challenged in the U.S. Court of Appeals by the Associated Builders and Contractors, the pooh cartoon crocs National Grain and Feed Association, Associated General Contractors of Virginia, Associated General Contractors of America, and United Technologies Corporation. A number of interested parties intervened in the cases as well. The challenges generally involved the appropriateness of OSHA’s publishing a final rule in response to the Third Circuit’s order. An informal public hearing was convened in Washington, DC on December 6, 1988, and was adjourned on December 14, 1988. Over 1300 pages of oral testimony were received.
Sixty days were provided for post-hearing submissions of new information by hearing participants , and an additional thirty days were allowed for submission of summary briefs. A total of thirty-four post-hearing exhibits have been entered into the record. On August 8, 1988, OSHA published a notice of proposed rulemaking to modify its Hazard Communication Standard . OSHA subsequently re-evaluated the evidence in the record and determined that a modified final rule covering all employers subject to the Act (i.e., both manufacturing and nonmanufacturing) was both necessary and feasible . The Agency therefore issued the revised rule on Hazard Communication which was published in the Federal Register on August 24, 1987 . In response, OSHA noted that the Court’s 1985 order did not specify that OSHA should act on the then – existing record. OSHA believed that seeking further evidence on feasibility in non-manufacturing was appropriate in light of its statutory obligation to issue rules that are well grounded in a factual record.