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Chamber of Commerce v. U.S. Dep't of Labor
(D.C. Circuit)
OSHA enforcement
On April 9, 1999, the D.C. Circuit ruled that OSHA violated the law by not following proper rulemaking procedures in its implementation of the controversial Cooperative Compliance Program. Many manufacturers felt that OSHA's plan to offer the option of signing up for the CCP or face wall-to-wall inspections effectively forced them into the CCP. The case immediately affected more than 12,000 companies targeted by OSHA for inspection. OSHA's tactic was considered to be back-door rulemaking and could be a way to impose regulatory requirements without going through the legally required rulemaking procedures.
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