THE OSIM.

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 °exibility 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 Uniÿed 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

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 ÿnalize health effects analysis
• r public hearings; close the public record

Update and ÿnalize risk assessment

• r Review and analyze all written comments,
exhibits, and testimony
Update and ÿnalize technological feasibility
analysis •r Prepare record summary and analysis

Update and ÿnalize economic and regulatory Stage 5

°exibility analysis •r Developing the Final Rule Obtain approval to publish 0)
Draft ÿnal regulatory text and preamble r 18 to 36 months Submit to Federal Register for publication r
Complete Federalism and Unfunded Mandates
•r r
D
analysis and make ÿnal determination of Submit Information Collection Request to OMB
impact on State, local, and tribal governments

Obtain all Agency and Departmental clearances 0)

Send the ÿnal rule to SBA r

•r r
Submit the ÿnal rule and to Congress and GAO
Submit to OMB for review and clearance Stage 6
Publishing the Final Rule
Prepare ÿnal information collection analysis
2 to 3 months
Prepare rollout materials r SOURCE OF REQUIREMENT:

Develop and publish small entity compliance

guide and other outreach and training
materials, compliance directives, and letters of
interpretation
ro D
Stage 7
~
..i:--
0)
= Executive Order
= Legal Requirements
= Internal Procedures

Respond to legal action Post-Promulgation Acronym Deÿnition

Activities ACCSH Advisory Committee on Construction Safety and Health
4 to 12 months ANPR Advance Notice of Proposed Rulemaking
GAO Government Accountability Ofÿce
MACOSH Maritime Advisory Committee for Occupational Safety and Health
OMB Ofÿce 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.