What are the Rules of Procedure for the Occupational Safety and Health Review Commission (OSHRC or Review Commission) and where can I find them?
The Review Commission’s Rules of Procedure govern all proceedings before the Review Commission and its Administrative Law Judges. These Rules are published in Part 2200 of Title 29, Code of Federal Regulations (“C.F.R.”). They are posted on the OSHRC website, www.oshrc.gov, or may be obtained by contacting the Review Commission’s Office of the Executive Secretary.
References to the Rules of Procedure in the FAQs below state “See Rule” and the appropriate number. These FAQs are not intended to be a substitute for the requirements set forth in the Rules. Parties should carefully review and follow these Rules in every case before the agency.
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Is there a difference between the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission?
Yes. OSHA is part of the Department of Labor, while OSHRC is an independent federal agency, separate and apart from the Department of Labor. OSHRC serves as an administrative court that holds administrative hearings and provides appellate review of contested OSHA citations and penalties issued to an employer following an OSHA inspection.
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I want to file a workplace safety or health complaint. Do I send the complaint to the Review Commission?
No, such complaints must be filed with OSHA.
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How do I submit a FOIA request to the Review Commission?
All FOIA requests must be made in writing and may be mailed, delivered, faxed, or emailed. To receive the quickest response to your request, please complete the Review Commission’s online FOIA Request form, which may be found here: https://www.oshrc.gov/foia/submit-foia-request/. Contact information for the Review Commission’s FOIA Requester Service Center and additional FOIA request submission procedures may be found here: https://www.oshrc.gov/foia/. A FOIA request may also be made through the National FOIA Portal by completing the Review Commission’s form on the FOIA.gov webpage here: https://www.foia.gov/.
Please note that most of the records maintained by the Review Commission are those filed in proceedings where an OSHA citation or penalty has been contested. To file a FOIA request with OSHA, please refer to the information found here: https://www.osha.gov/foia.
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I don’t like the search results I get from the search engine on the OSHRC website and/or the search engine on the OSHRC website doesn’t seem to be working. Do I have any alternatives?
OSHRC’s website offers two search functions. Users can conduct a full site search using the search bar at the top right corner of the site. Additionally, users can search the agency’s collection of final ALJ and Review Commission decisions directly from the homepage under the “Decisions” tab. If either feature is not working properly, please contact support@oshrc.gov for assistance.
As an alternative to searching OSHRC’s website, most major search engines allow you to limit your search using that search engine to a particular website. Try looking under the advanced search options for that search engine and enter “oshrc.gov” as the desired website.
Here are two examples:
http://www.google.com/advanced_search and enter “oshrc.gov” under “Search within a site or domain:”
http://search.yahoo.com/web/advanced and enter “oshrc.gov” under “only search in this domain/site:”
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What should I do with the pre-printed postcard that I received from the Review Commission with the Notice of Docketing?
There is a perforation in the center of the postcard that will allow you to separate it into two halves.
- The top half of the postcard is the certificate of service. You must fill in the requested information on this portion of the postcard and then return it to the Review Commission.
-The bottom half of the postcard is the Notice to Employees Regarding Safety and Health Citations. You must post this portion of the postcard in the same location as the OSHA citation. Please do not return this half of the postcard to the Review Commission. See Commission Rule 7(g), 29 C.F.R. § 2200.7(g).
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On the top half of the postcard that I received from the Review Commission with the Notice of Docketing, there are two lines for writing in the names of Authorized Employee Representatives (Unions). What should I do if there are no Authorized Employee Representatives?
If there are no authorized employee representatives (unions), those lines should be left blank.
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How do I become a party to a Review Commission case? Can I participate in a case without becoming a party?
If you are an affected employee or an authorized employee representative, you may choose to become a party at any time prior to 14 days before the start of the hearing. You must submit a notice in writing that states you have chosen to become a party and identifies a matter in which the Occupational Safety and Health Act allows you to participate as a party. You must also provide a copy of this notice to all other parties. See Commission Rules 7 and 20, 29 C.F.R. §§ 2200.07, 2200.20.
Instead of becoming a party, you can ask to participate in a case by submitting a request to intervene at any time prior to 14 days before the start of the hearing. The request must be submitted in writing and show that permitting the intervention will assist in the determination of the issues in question and will not unduly delay the case. See Commission Rule 21, 29 C.F.R. § 2200.21.
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When do I need to file an Answer?
The cited employer must file an answer within 21 days after receiving the complaint from the Secretary of Labor. In your answer, you should state whether you admit or deny each allegation in the complaint. See Commission Rule 34(b), 29 C.F.R. § 2200.34(b). Keep in mind that you are not required to file an answer if your case is designated for Simplified Proceedings. See Commission Rule 205(a), 29 C.F.R. § 2200.205(a).
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What should I do after filing my Answer?
After the answer is filed, the parties should wait to hear from the Administrative Law Judge assigned to the case.
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How do I request a subpoena?
Your request must be submitted in writing to the Administrative Law Judge assigned to the case. Your request should include how many and what types of subpoenas you need (i.e., ad testificandum (to testify) or duces tecum (to produce documents)), along with the name and address of the party or parties being subpoenaed. See Commission Rule 65, 29 C.F.R. § 2200.65.
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Who fills out the subpoena?
The subpoena is filled out by the person requesting it.
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If I’m assessed a penalty, how should I pay it?
Please contact the Regional OSHA Office handling your case for penalty collection procedures.
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My case has settled, so why did I receive a Notice of Hearing from the Review Commission?
The Administrative Law Judge assigned to your case specifies a date by which the settlement agreement must be submitted to the judge. If that date passes and no agreement has been submitted, the judge will issue a notice scheduling the case for a hearing.
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Who should I talk to about resolving/settling the case?
Please contact the attorney in the Office of the Solicitor/U.S. Department of Labor who is handling your case.
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What is the mandatory settlement threshold amount?
Mandatory settlement applies only to contested cases in which the total amount of the penalty sought by OSHA is $205,000 or greater. See Commission Rule 120(b)(1), 29 C.F.R. § 2200.120(b)(1).
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How do I file documents with an Administrative Law Judge or the Commission?
All parties and intervenors must file documents electronically in the Commission’s E-File System by following the instructions on the OSHRC website (www.oshrc.gov). See Commission Rule 8(c)(1), 29 C.F.R. § 2200.8(c)(1). Self-represented parties or intervenors may submit a written statement to the Administrative Law Judge assigned to their case requesting an exemption from the mandatory e-filing requirement on the grounds that it would place an undue burden on them to comply with the requirement. See Commission Rule 8(c)(2), 29 C.F.R. § 2200.8(c)(2).
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I am trying to update an attorney's information in the Commission’s e-filing system, but it won't let me change the e-mail address (grayed out). How can I do that?
In OSHRC’s e-filing system, email addresses are used to associate registered e-filers with active contacts in a particular case. To preserve the integrity of the Commission’s case dockets, the field for “E-mail Address” cannot be changed.
Users with email addresses that change (new domain name, new email address to reflect name change, etc.) must register as a new e-filer. If the user is associated with an existing active docket and would like to retain active “Docket Contact” status, the user is required to notify the OSHRC office currently handling the docket of the email address change and the desire to retain Docket Contact status.
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