Dole v. United Steelworkers

1990-02-21

Headline: Bars OMB from reviewing agency rules that require companies to disclose hazard information to workers, allowing labor and safety agencies to issue workplace disclosure rules without OMB approval.

Holding: The Court held that the Paperwork Reduction Act does not authorize OMB to review or disapprove agency regulations that require regulated entities to disclose information directly to third parties.

Real World Impact:

Prevents OMB from vetoing agency disclosure rules under the Paperwork Reduction Act.
Lets OSHA and other agencies require workplace labels and safety data sheets without OMB approval.
Leaves some employer recordkeeping rules potentially subject to OMB review.

Topics: workplace safety, government paperwork, agency oversight, labor unions

Summary

Background

The dispute involved the Department of Labor’s workplace hazard communication rules, the Office of Management and Budget (OMB), and the United Steelworkers (a union). OSHA required chemical manufacturers and employers to label products, keep safety data sheets, and train employees about hazards. DOL sent a revised rule to OMB, which disapproved three specific disclosure exemptions; the union sued and a federal appeals court ordered the provisions reinstated. The Supreme Court agreed to decide whether the Paperwork Reduction Act lets OMB review such disclosure rules.

Reasoning

The core question was whether the Paperwork Reduction Act covers rules that require one private party to give information directly to another private party. The Court read the statute’s words, structure, and stated purposes and concluded the Act targets information collected for a federal agency’s own use. Because disclosure rules mainly put information into the hands of workers or the public rather than into agency files for processing, the Act does not authorize OMB to disapprove those rules. The Court therefore affirmed the appeals court’s judgment and held OMB lacks that authority under the Act.

Real world impact

Agencies that set safety disclosure rules (labels, safety data sheets, training) can issue those rules without being subject to a PRA veto by OMB. OMB retains its review role over information collection that is aimed at or used by federal agencies. The decision does not resolve whether other written programs or records that are kept for agency inspection might fall under the Act.

Dissents or concurrances

Justice White dissented, arguing the statute is ambiguous and that OMB’s longstanding interpretation deserved deference; he would have allowed OMB review and thought some recordkeeping duties might still fall under the Act.