1 THE RULEMAKING PROCESS . Identify health or safety hazard Stage 1 Develop health effects analysis Making the Decision: Conduct research and gather data to determine Conduct preliminary risk assessment Conducting Preliminary scope of problem; identify and obtain RULEMAKING Activities information needed for health effects analysis, Develop preliminary technological feasibility risk assessment, technological feasibility 12 to 36 months analysis analysis, and economic analysis Develop preliminary economic and regulatory Meet with internal and external stakeholders flexibility analysis Identify regulatory and nonregulatory Draft proposed regulatory text and preamble approaches Stage 2 Initiate Federalism and Unfunded Mandates Prepare timeline, identify resources needed analysis and make preliminary determination of including need for advisory committees Developing the impact on State, local, and tribal governments Proposed Rule Prepare decision papers to obtain executive 12 to 36 months Prepare preliminary information collection approval to proceed analysis List Regulatory Action on Unified Continue discussion with stakeholders Agenda/Regulatory Plan Consult with ACCSH if rule affects the Establish public RULEMAKING docket construction industry Develop and publish RFI or ANPR if needed Stage 3.
2 Consult with MACOSH if rule affects maritime industry Publishing the Proposed Rule Obtain approval to publish Conduct review PROCESS required by SBREFA. 2 to 3 months Plan for public hearings Conduct peer reviews of health effects analysis, preliminary risk assessment, and Submit to Federal Register for publication preliminary economic analysis Submit preliminary Information Collection Obtain all Agency and Departmental clearances Request to OMB. Stage 4 Submit to OMB for review and clearance Send the proposed rule to SBA. Developing and Analyzing the RULEMAKING Record 6 to 24 months Receive public comments; prepare for and hold Update and finalize health effects analysis public hearings; close the public record Update and finalize risk assessment Review and analyze all written comments, exhibits, and testimony Update and finalize technological feasibility analysis Prepare record summary and analysis Update and finalize economic and regulatory Stage 5.
3 Flexibility analysis Developing the Final Rule Obtain approval to publish Draft final regulatory text and preamble 18 to 36 months Submit to Federal Register for publication Complete Federalism and Unfunded Mandates analysis and make final determination of Submit Information Collection Request to OMB. impact on State, local, and tribal governments Send the final rule to SBA. Obtain all Agency and Departmental clearances Submit the final rule and to Congress and GAO. Submit to OMB for review and clearance Stage 6. Publishing the Final Rule Prepare final information collection analysis 2 to 3 months Prepare rollout materials SOURCE OF REQUIREMENT: = Executive Order Develop and publish small entity compliance guide and other outreach and training = Legal Requirements materials, compliance directives, and letters of = Internal Procedures interpretation Stage 7. Respond to legal action Post-Promulgation Acronym Definition Activities ACCSH Advisory Committee on Construction Safety and Health 4 to 12 months ANPR Advance Notice of Proposed RULEMAKING GAO Government Accountability Office MACOSH Maritime Advisory Committee for Occupational Safety and Health OMB Office of Management and Budget RFI Request for Information SBA Small Business Administration SBREFA Small Business Regulatory Enforcement Fairness Act Directorate of Standards and Guidance | Revised: October 15, 2012.