Furniture company Always Furniture recently became aware that OSHA was considering promulgating a new rule requiring all tables to have a middle leg for stability. This rule, if implemented, would require Always Furniture to incur considerable expense to retool their facility and they doubt the effectiveness and safety benefit of a middle leg on all tables.

How would Always Furniture challenge the OSHA rule?

When and how would any challenge take place? Please consider all required and optional legal options available.

Apply the principles of administrative law and analyze the timing, substance, and opportunities for the company to challenge the potential rule. What would the company need to do, why, and in the end, what would the company need to do and show in order to be successful?