The Occupational Safety and Health Review Commission

The Occupational Safety and Health Review Commission (OSHRC) is an independent agency created by Congress in the Occupational Safety and Health Act of 1970. The agency’s primary function is to decide contests of citations or penalties that the Occupational Safety and Health Administration (OSHA) issues to employers following safety and health inspections of American workplaces. In doing so, the agency provides OSHA, employers, and employees and/or their representative with a fair and expeditious resolution of these contested cases.

OSHRC is a completely independent agency that is not part of the Department of Labor or OSHA. This ensures that OSHA’s enforcement actions are carried out in accordance with the law.

Commission Procedures

The Review Commission’s Rules of Procedure provide for two levels of adjudication—a hearing level and an appeals level. The hearing level takes place before an OSHRC ALJ. The appeals level takes place before the agency’s three-member Commission and occurs only after an ALJ issues a decision resolving a case.

The Review Commission’s Rules of Procedure are available here and in Part 2200 of Title 29 of the Code of Federal Regulations. These rules govern the two levels of adjudication and vary depending on the formality of the adjudicative proceedings. Conventional proceedings involve the use of pleadings, discovery, a hearing, and post-hearing briefing or argument. Less formal “Simplified Proceedings,” to which certain less complex cases can be assigned by the Chief ALJ or upon a party’s request, do not involve the use of formal pleadings, and require the parties to engage in early discussions to narrow the disputed issues. More information on Simplified Proceedings can be found here in the Rules of Procedure.  Guide booklets to both types of proceedings are also available here.

Hearings and Appeals

Once an ALJ is assigned to a case, the ALJ may schedule a hearing at which the parties must appear, designating a place and time that involves as little inconvenience and expense to the parties as is practicable. At the hearing, the ALJ conducts the proceedings in accordance with the Review Commission’s Rules of Procedure, as well as the Federal Rules of Evidence and the Federal Rules of Civil Procedure as applicable.

A cited employer, an affected employee, or an authorized employee representative may appear before the agency with or without an attorney or a non-attorney representative. OSHA is represented by the Secretary of Labor, who assigns a government attorney to handle the case.  The Secretary of Labor bears the burden of proving any violations alleged in the contested citation(s).

After the hearing, the ALJ will issue a written decision that includes findings of fact and conclusions of law. As part of the ALJ’s decision, the citation(s) will be either affirmed, modified, or vacated. The ALJ will also consider whether to assess a penalty for any affirmed violation.  The ALJ’s decision becomes a final order in 30 days unless directed for review by one of OSHRC’s three Commission members. If the case is directed for review, the Commission will review all of the evidence, briefs, and arguments, as well as the ALJ’s decision. The Commission then issues its own decision affirming, modifying, or vacating the citation(s), and assessing any penalties.

Review Commission decisions, including ALJ decisions, are available here.

Review of a final order of the Commission may be requested in an appropriate United States Circuit Court of Appeals and such requests must be filed within 60 days following the issuance of the final order.

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