Administrative Agencies Chapter 4 Objectives Identify executivebranch agencies

Administrative Agencies Chapter 4

Objectives • Identify executive-branch agencies. • Explain that administrative agencies exist at the federal, state, and local levels. • Explain how agencies are created and the purpose of enabling acts. Copyright © 2007 Thomson Delmar Learning

Objectives • Describe separation of powers concerns and methods created by administrative agencies. • Explain the jurisdiction of OSHA and OSHA’s three primary activities. Copyright © 2007 Thomson Delmar Learning

Objectives • Define approved plan state and non-approved plan state. • Explain why the term “OSHA state” is ambiguous. • Explain the function of OSHRC. • Explain application of OSHA to volunteer and parttime firefighters. Copyright © 2007 Thomson Delmar Learning

Administrative Agencies • Exist within the executive branch • Fill a vital role in our government – Create laws, called regulations – Investigate and enforce the law – Act as tribunals to hear cases Copyright © 2007 Thomson Delmar Learning

Administrative Agencies • Exist at the federal, state, and local levels • Created by legislative branch through an enabling act – Specifies purpose and authority of agency – May include a grant or delegation of powers Copyright © 2007 Thomson Delmar Learning

Role of Administrative Agencies • • • Developing regulations Rulemaking Investigations Enforcement of regulations

Administrative Lawmaking • Agency must have authority from the legislature to create regulations • Regulations must be consistent with statutes and enabling act Copyright © 2007 Thomson Delmar Learning

Developing Regulations • Regulations must be constitutional • Regulations must be issued in accordance with the agency’s rules • Must allow public comment on regulations • Proposed federal regulations are published in Federal Register Copyright © 2007 Thomson Delmar Learning

Investigations • Combined with authority to cite and enforce (OSHA) • May be purely to investigate (NIOSH) • Agency may be granted power to – Subpoena – Obtain administrative search warrants Copyright © 2007 Thomson Delmar Learning

Enforcement • Power to start an administrative action • Commenced by filing a complaint

Hearings • Some agencies conduct trial-like tribunals • Presided over by an administrative law judge or hearing officer • Agency enforcing the laws (OSHA) cannot conduct the hearing – OSHRC conducts hearings for OSHA issues Copyright © 2007 Thomson Delmar Learning

Control of Administrative Agencies • Potential for abuse is present • Agencies exercise powers

Control of Administrative Agencies • Limits must be placed on agency power • Controls

Control via Political Process • President (executive) controls agencies – Appoints the agency’s director • Congress control – Legislation to curb agency power – Cut agency funding Copyright © 2007 Thomson Delmar Learning

Control via Judicial Review • Available for most agency actions – Scope of review may vary • Constitutional requirement – Federal courts have right to interpret and determine validity of acts of Congress Copyright © 2007 Thomson Delmar Learning

Judicial Review • Standing – Party seeking to challenge an agency action is somehow adversely affected or aggrieved by that action • Exhaustion of remedies – Available to seek relief through the administrative remedy first Copyright © 2007 Thomson Delmar Learning

Public Accountability Laws • Mandate public access to government records and decisions • Provide controls over agencies • Similar laws on state and federal level – Open records laws/freedom of information – Open meetings/sunshine laws Copyright © 2007 Thomson Delmar Learning

OSHA • Occupational Safety and Health Administration • Agency within Department of Labor – Protects worker health and safety • Enabling legislation – OSH Act of 1970 Copyright © 2007 Thomson Delmar Learning

OSHA Compliance • Two basic duties for employers 1. Comply with all applicable OSHA

General Duty Clause • Requires an employer to: – Take affirmative steps to prevent injuries and illnesses to workers in the absence of a specific OSHA regulation – Take extra steps to recognize hazards Copyright © 2007 Thomson Delmar Learning

General Duty Clause • Wide safety standards for industry – Show a hazard has been recognized in a particular industry – Employers who fail to follow industrywide safety standards risk violating the general duty clause Copyright © 2007 Thomson Delmar Learning

OSHA Inspections • OSHA may inspect any place of employment at any reasonable time • Inspection may be initiated by – A complaint – An accident – As part of safety program Copyright © 2007 Thomson Delmar Learning

OSHA and the NFPA Standards • NFPA standards are recognized as industrywide health and safety standards • Failure to comply with an NFPA standard can be the basis for a general duty clause violation Copyright © 2007 Thomson Delmar Learning

OSHA Violations and Sanctions • Failure to comply with OSHA or general duty clause can result in citation – Fines and penalties • If deemed to be willful can be prosecuted by the United States Attorney’s Office as criminal offenses Copyright © 2007 Thomson Delmar Learning

OSHRC • Occupational Safety and Health Review Commission – Administrative tribunal • Separate from

Jurisdiction and the Term “OSHA State” • “OSHA state” refers to OSH Act – Encourages states to take over regulations • Better terms – Approved plan OSHA state – Non-approved plan OSHA state Copyright © 2007 Thomson Delmar Learning

OSHA and Firefighters • OSHA works through states to try to impact public employees – Financial assistance for OSHA enforcement • Many states have adopted OSHA standards for public sector employers Copyright © 2007 Thomson Delmar Learning