Abstract:
Due process requirements established by the Administrative Procedure Act of 1946 were designed to improve the ability of the regulated community to provide information to federal agencies and to hold agencies accountable for considering that information. Similar due process requirements, such as those set forth by the American National Standards Institute, direct the standards development activities of many non-government standards developers. Though written due process requirement are similar, there are important differences between the public and private systems which could affect whether relevant information is both delivered to policymakers and considered. Through a comparative case study of labor union participation in public and private occupational safety and health standards, this study examines the effects of these differences and the effectiveness of participation in each system based on the intent of the Administrative Procedure Act and democratic criteria. Recommendations for improving the effectiveness of participation in each system are made based on the research findings.
