United States Department of Labor v. Kast Metals Corporation

GOLDBERG, Circuit Judge:

We are faced with the question whether the Occupational Safety and Health Administration (“OSHA”) validly concocted a calculus to target employers for inspection without first providing the notice and comment rulemaking prescribed by the Administrative Procedure Act (“APA” or “Act”), 5 U.S.C. § 553 (1982). Because we conclude that the Secretary of Labor promulgated a procedural rule that does not generate a substantial impact on the rights or interests of regulated parties, we hold that the Secretary’s action did not run afoul of § 553 and reverse the judgment of the…