Occupational Safety and Health Review Commission in the United States

The Occupational Safety and Health Review Commission ensures the timely and fair
resolution of cases involving the alleged exposure of American workers to unsafe or
unhealthy working conditions.

The Occupational Safety and Health Review Commission is an independent,
quasi-judicial agency established by the Occupational Safety and Health Act of
1970 (29 U.S.C. 651–678).

The Commission rules on cases when disagreements arise over the
results of safety and health inspections performed by the Department of
Labor’s Occupational Safety and Health Administration (OSHA). Employers have
the right to dispute any alleged job safety or health violation found during
the inspection by OSHA, the penalties it proposes, and the time given to correct
any hazardous situation.

The Occupational Safety and Health Act covers virtually every employer in
the country. Its purpose is to reduce the incidence of personal injuries,
illness, and deaths among working men and women in the United States
that result from their employment. It requires employers to provide a working
environment free from recognized hazards that are causing or likely to
cause death or serious physical harm to the employees and to comply with
occupational safety and health standards promulgated under the act.

Activities

The Commission was created to adjudicate enforcement actions initiated
under the act when they are contested by employers, employees, or representatives
of employees. A case arises when a citation, issued to an employer as
the result of an OSHA inspection, is contested within 15 working days of
receipt of the report.

There are two levels of adjudication within the Commission. All cases are
first assigned to an administrative law judge. A hearing is generally held in the
community or as close as possible to where the alleged violation occurred.
After the hearing, the judge issues a decision, based on findings of fact and
conclusions of law.

A substantial number of the judge’s decisions become final orders of the
Commission. However, if a party petitions the Commission members for
review of the judge’s decision and the petition is granted, Commission members
will issue the final order.

After a final order is issued, any party to the case may seek a review of the
decision in the United States Courts of Appeals.

The Commission’s principal office is in Washington, DC. Administrative law
judges are also located in Atlanta and Denver regional offices.