Chamber of Commerce of the United States v. United States Department of Labor
United States Court of Appeals for the District of Columbia Circuit
174 F.3d 206 (1999)
OSHA, part of the Department of Labor (defendant), issued a directive announcing it would inspect specific dangerous work sites, but employers could avoid inspection by joining a Cooperative Compliance Program (CCP) requiring health and safety standards above the legal minimum. The Chamber of Commerce (plaintiff) sued, arguing the directive was really a binding rule that should have gone through the Administrative Procedure Act's notice-and-comment process rather than being adopted as an exempt general statement of policy.
Whether, under the Administrative Procedure Act, a statement of policy with immediate practical effects will be treated as a rule subject to notice-and-comment procedures.