Each year, federal and state agencies promulgate thousands of regulations. There are numerous opportunities for employers to get involved in the regulatory process from beginning to end. Understanding how regulations are developed is the critical first step toward effective involvement. Informing the players regarding the effects of regulations can stop them from becoming overly burdensome. Although this guide focuses on federal rulemaking, many of the processes are applicable at the state level.
Federal regulations can also affect the activities of state and local governments.
Regulations are required for most federal agency actions. Other types of regulations give the regulated entity more latitude. Examples of this type of regulation include performance standards. In addition to these types of regulations there are other types of agency action, which are not binding on outside entities but are important for employers to be aware of. These include informal agency guidance documents, policy statements, and technical memoranda.