Small Business Regulatory Enforcement Fairness Act (SBREFA)
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 provided new avenues for small businesses to participate in the federal regulatory arena.
SBREFA created Small Business Advocacy Review (SBAR) panels, which certain agencies must convene prior to proposing rules that would have a significant economic impact on a substantial number of small entities.
SBREFA Panels
Three agencies are now required to convene SBAR (or SBREFA) panels: the Consumer Financial Protection Bureau (CFPB), Environmental Protection Agency (EPA), and the Occupational Safety and Health Administration (OSHA). This SBAR panel is made up of a chair from the covered agency, the Chief Counsel for Advocacy, and the Administrator of the Office of Information and Regulatory Affairs. The panel meets with representatives of directly regulated small entities and offers an opportunity to provide advice and recommendations on regulatory alternatives to minimize the burden on small entities.
Under SBREFA, covered agencies (the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and the Consumer Financial Protection Bureau (CFPB) must conduct a Small Business Advocacy Review (SBAR) panel before publishing a proposed rule with an Initial Regulatory Flexibility Analysis. This SBAR panel, made up of a chair from the covered agency, the Chief Counsel for Advocacy, and the Administrator of the Office of Information and Regulatory Affairs, meets with representatives of directly regulated small entities and offers an opportunity to provide advice and recommendations on regulatory alternatives to minimize the burden on small entities.
Small Business Advocacy Review Panels Convened From 1997 to the Present under the Small Business Regulatory Enforcement Fairness Act (SBREFA)
Consumer Financial Protection Bureau
Department of Labor, Occupational Safety and Health Administration
| Rule | Date Convened | Date Completed | Notice of Proposed Rulemaking | Final Rule Published |
| Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings | 08/23/23 | |||
| Prevention of Workplace Violence in Healthcare and Social Assistance | 03/01/23 | 05/01/23 | ||
| Emergency Response | 10/04/21 | 12/02/21 | ||
| Tree Care Operations | 03/23/20 | 05/22/2020 | ||
| Telecommunications Towers | 08/15/18 | 10/11/18 | ||
| Process Safety Management Standard | 06/02/16 | 08/01/16 | ||
| Occupational Exposure to Infectious Diseases in Healthcare and Other Related Work Settings | 10/14/14 | 12/22/14 | ||
| Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl | 05/05/09 | 07/02/09 | ||
| Occupational Exposure to Beryllium | 09/17/07 | 01/15/08 | 08/07/15 | 01/09/17 |
| Cranes and Derricks in Construction | 08/18/06 | 10/17/06 | 10/09/08 | 08/09/10 |
| Occupational Exposure to Hexavalent Chromium | 01/30/04 | 04/20/04 | 10/04/04 | 02/28/06 |
| Occupational Exposure to Crystalline Silica | 10/20/03 | 12/19/03 | 09/12/13 | 03/25/16 |
| Confined Spaces in Construction | 09/26/03 | 11/24/03 | 11/28/07 | 05/04/15 |
| Electric Power Generation, Transmission, and Distribution | 04/01/03 | 06/30/03 | 06/15/05 | 04/11/14 |
| Ergonomics Program Standard | 03/02/99 | 04/30/99 | 11/23/99 | 11/14/00 |
| Safety and Health Program Rule | 10/20/98 | 12/19/98 | ||
| Tuberculosis | 09/10/96 | 11/12/96 | 10/17/97 | Withdrawn 12/31/03 |