The ship WAS in compliance with regulations!
1890s British Maritime Safety Law 1890s British Maritime Safety Law
One life boat per 715 tons
Maximum tonnage addressed: 10,000 (14 life boats)
Regulations never updated as ships got heavier
Titanic "in compliance" (exceeded by 3%) with 17 life boats
Titanic weighed in excess of 45,000 tons (needed 64 life boats)
Regulations are considered the "minimum"
Compliance with the "minimum" is no excuse for intelligent engineering
We must often exceed the "minimum" to ensure optimum protection of people, property and the environment
No one gets cited or fined for being more safe than the minimum required by law. Think about it!
Action
Manage Agency
Provide direction
Set agendas
Control
Appoints Director
Develops budget
Holds VETO power
Can also remove Director
Action
Review Agency
Adjudicate appeals
Resolve disputes
Control:
Interprets statutes
Sets precedence
Decides case law
The Courts cannot initiate any action until a lawsuit has been filed
Action
Create Agency (by Act)
Control
Statutory Mandate
Commerce Clause
Delegation Doctrine
Procedural Mandate
Statutory Amendment
Informal Controls
Appointment Approvals Appointment Approvals
Approvals Budget Approvals
The Occupational Safety & Health Act of 1970
(PL 91-596)
Occupational Safety & Health Administration (OSHA)
Regulate and Enforce
National Institute for Occupational Safety & Health (NIOSH)
Research and Recommend
Occupational Safety & Health Review Commission (OSHRC)
Adjudicate and Interpret
First announced in the Federal Register (FR)
Issued daily by Federal Agencies (such as OSHA, EPA)
The "First-Look" at a new regulation
Incorporated into the Code of Federal Regulations (CFR)
Title 29 ("Labor"), Part 1910 ("General Industry")
Expressed as 29 CFR 1910 (for Safety - General Industry)
Regulations and Standards Prescribe the Minimum Required Actions in a Given Situation