Please use this identifier to cite or link to this item: http://hdl.handle.net/10419/154896
Authors: 
Caldart, Charles C.
Ashford, Nicholas Askounes
Year of Publication: 
1998
Series/Report no.: 
Nota di Lavoro, Fondazione Eni Enrico Mattei 38.1998
Abstract: 
In the health, safety, and environmental area, negotiated rulemaking, implementation, and compliance are proposed by their advocates as delivering two primary benefits: reduced rulemaking time and decreased litigation over a final agency rule. The experience to date, however, indicates that negotiated rulemaking cannot be relied upon to deliver either of these benefits. Nonetheless, experience indicates that negotiation can, in appropriate circumstances, facilitate a better understanding of issues, concerns, facts, and positions among adversaries, promote the sharing of relevant information, and provide an opportunity for creative problem-solving. This paper discusses the use of these three types of negotiation by the United States Occupational Safety and Health Administration (OSHA). Four negotiated rulemakings under the Occupational Safety and Health Act -- each of which involved an attempt to establish an OSHA standard for worker exposure to a particular toxic substance -- are evaluated according to whether negotiation was instrumental either in securing a more protective standard, or in securing an innovative technological response. The cases do not support the proposition that negotiation is more likely to protect worker health and stimulate more innovative protective technology than is traditional rulemaking. Rather, the record indicates that equal or better results could have been obtained through the traditional rulemaking process. In contrast to its willingness to use negotiation in standard-setting, OSHA has thus far shown little interest in making creative use of negotiation to promote technological change during the implementation or enforcement of standards.
Subjects: 
Alternative dispute resolution
Health
Negotiated compliance
Negotiated implementation
Negotiated regulation
Negotiated settlement
Negotiation
Occupational health and safety
Regulation
Safety
Technological change
Technological innovation
Worker health and safety
JEL: 
D74
I18
K32
L50
O31
O38
Document Type: 
Working Paper

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