Workplace Regulation

Like many industrialized nations, the United States uses several different strategies to protect workers. One way to establish workplace standards is by enacting statutes that directly set the terms and conditions of employment and rely on agencies and the courts for enforcement. Another strategy is to encourage the direct resolution of workplace problems by the parties themselves, rather than through judicial or regulatory recourse. The first volume of this report examines the major statutes comprising the framework of federal regulations and describes the actual work experiences of employers and unions operating under that framework. The second volume identifies various characteristics of the 26 statutes and one executive order comprising the framework of federal regulations on the workplace and briefly summarizes the statutes and the executive order, scope of coverage, nature of penalties, reporting and disclosure requirements of each executive order, and enforcement.

GAO found that: (1) workplace regulations pose many complex and dynamic challenges to employers; (2) workplace regulation is an expanding and constantly changing process; (3) although employers and union representatives generally support workplace regulation, most have concerns regarding agencies' operational processes and regulatory goals; (4) most employers comply with workplace-related paperwork requirements without undue burden, but many employers believe that certain paperwork requirements have questionable regulatory value; (5) many employers believe that the regulatory approach is adversarial and characterized by poor communication and unfair application of workplace laws and regulations; (6) most unions believe that agencies do not sufficiently enforce existing regulatory protections; and (7) both employer and union representatives have recommended that agencies develop more service-oriented approaches, improve employer and union access to information and educational resources, increase employer and union participation in setting safety standards, recognize employers' good faith compliance efforts, and work cooperatively during the regulatory process.