How Can a Small Business Report Unfair Federal Enforcement?

Small businesses can report excessive or unfair federal regulatory enforcement to the SBA Small Business and Agriculture Regulatory Enforcement Ombudsman, who receives the comments, works with the agency involved and reports each year to Congress on federal agency responsiveness (15 U.S.C. 657 and SBA Ombudsman page).

How to file. The Office of the National Ombudsman accepts comments through its online form. A filer who cannot use the online form can email the PDF comment form to ombudsman@sba.gov, and a filer who cannot access either form can call 888-REG-FAIR (SBA Ombudsman page).

Confidentiality. The Ombudsman refers comments to the inspector general of the affected agency in appropriate cases, and otherwise seeks to keep the identity of the person and small business confidential to the same extent as employee identities are protected under 5 U.S.C. 407 (15 U.S.C. 657).

Annual report. Based on substantiated comments, the Ombudsman reports each year to Congress and affected agencies on agency enforcement activities, including a rating of how responsive each agency's regional and program offices are to small businesses. Agencies get a chance to comment on draft reports (15 U.S.C. 657).

Regulatory Fairness Boards. SBA has a Small Business Regulatory Fairness Board in each regional office. Each board must meet at least once a year to advise the Ombudsman and report substantiated instances of excessive enforcement (15 U.S.C. 657).

Rights are preserved. SBA states that filing a comment does not limit the filer's rights or obligations related to the federal agency involved (SBA Ombudsman page).

Workplace enforcement examples. Small employers deal with many agencies, including those enforcing workplace safety and drug testing rules. The FAQ on legal requirements for drug testing in the workplace lists common requirements, and the FAQ on whether DOT-regulated employers are also regulated by OSHA shows how agency jurisdiction overlaps.