As an initial step, and prior to publication of any proposed changes to existing rules or enforcement policies, OSHA is convening a Small Business Advocacy Review Panel (“SBAR Panel”) in accordance with the Regulatory Flexibility Act, or RFA (Sections 601 through 612 of Title 5 of the United States Code). This Panel consists of members from OSHA, the Small Business Administration Office of Advocacy (SBA’s Office of Advocacy, or Advocacy), and the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). The SBAR Panel identifies individuals who are representative of affected small entities, termed Small Entity Representatives (SERs). The SBA has established two widely used size standards for small businesses – 500 employees for most manufacturing and mining industries and $7.5 million in average annual receipts for many nonmanufacturing industries. However, there are a number of exceptions, and OSHA always uses the industry specific size (for more information, visit https://www.sba.gov/content/summary-size-standards-industry-sector). This process enables OSHA, with the assistance of Advocacy and OIRA, to obtain advice and recommendations from SERs about the potential impacts of a rule as outlined in the SER Background Document and suggestions on alternatives that may minimize those impacts while meeting the objectives of the OSH Act.
