Two lawmakers are attempting to shed light on a mysterious Department of Labor rule that may change the way the federal government looks at occupational health risks. As of now, all we know of the rule is its title: "Requirements for DOL Agencies' Assessment of Occupational Health Risks."

While that may sound innocuous, Reg•Watch is always skeptical when the Bush administration (in this case, DOL brass inside the office of Secretary Elaine Chao) wades into the area of risk assessment. The administration tried in 2006 to attack the federal government's entire risk assessment process — where the nature and severity of occupational, environmental, consumer, or other risks are scientifically studied and described. That proposal was shot down by the National Academies of Science.

On July 10, Sen. Ted Kennedy (D-MA), chairman of the Senate Health, Education, Labor, and Pensions Committee, and Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, wrote a letter to Chao pressing for answers on the rule. The chairmen asked Chao to provide them with several pieces of information by July 17. Among them:

• "A copy of the proposed regulation;"
• "The legal authority under which the Department expects to promulgate this regulation;" and
• The Department's timetable for officially proposing and finalizing the rule.

The rule is currently under review at OMB's Office of Information and Regulatory Affairs, according to RegInfo.gov, a government website that tracks White House reviews. OIRA reviews rules under the authority of Executive Order 12866, Regulatory Planning and Review.

Usually, RegInfo.gov provides the public with a description of a rule under review, along with purported legal authority, timetables, and an indication of stakeholders the rule may impact. The DOL rule in question provides none of those factoids — only a title.

In their letter, Kennedy and Miller point out, "This action is highly unusual and contradicts the stated purpose of E.O. 12866 which is 'to make the [regulatory] process more accessible and open to the public.' "

Stay tuned to Reg•Watch for updates.