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Employee Guide to Review Commission Procedures
Section 1
Introduction
Background and Role of the Review Commission
The Occupational Safety and Health Review Commission ("Review Commission") is an independent
agency of the U.S. Government that was established by the Occupational Safety and Health Act of 1970 ("Act") to be like a court that resolves certain disputes under the Act. The Review Commission
is composed of three members who are appointed by the President of the United States and confirmed by the Senate for six-year terms. It employs Administrative Law Judges to hear cases.
The Act was passed by Congress to "assure safe and healthful working conditions for working men
and women." The Act also established another agency, the Occupational Safety and Health Administration ("OSHA"), which is part of the U.S. Department of Labor, to enforce the law. OSHA
issues regulations setting occupational safety and health standards which your employer must follow. As part of its enforcement responsibilities, OSHA may also conduct an inspection of your
workplace. If OSHA's inspectors find what they believe are unsafe or unhealthy conditions, they would issue a citation to your employer. A citation includes allegations of workplace safety or
health violations, proposed penalties, and proposed dates by which your employer must correct the alleged hazardous conditions.
If the cited employer or any of its employees or an employee representative disagrees with the citation, they may then file a timely notice of contest
. (Under the law, in a notice of contest, an employer may challenge any aspect of the citation, while an employee or employee representative may challenge only the abatement period
proposed by the citation). The Review Commission (which is completely independent of OSHA) then comes into the picture to resolve the dispute
over the citation. As discussed in detail in this Supplement, employees or their representatives can participate in Review Commission proceedings in two ways: 1) by filing a notice of contest challenging the abatement period
; or 2) by filing a letter electing party status when only the employer has filed a notice of contest.
Purpose of this Supplement
This Supplement is intended to inform you, as employees and employee representatives, of your
opportunities to participate in Review Commission proceedings. For more complete information about Review Commission proceedings, see the Guide to Review Commission Procedures and the Guide to E-Z Trial Procedures, available at the
Review Commission Website, located at http://www.oshrc.gov or by writing or calling:
Office of Public Information
U.S. Occupational Safety and Health Review Commission
1120 20th Street, N.W., 9th Floor
Washington, D.C. 20036-3419
(202) 606-5398
Rules of Procedure
The Review Commission's Rules of Procedure are published in Part 2200 of Title 29, Code of Federal
Regulations (C.F.R.). These Rules may be available in a local library. They can also be obtained at the Review Commission Website [http://www.oshrc.gov] or by contacting the Review Commission's
Office of Public Information at the address or telephone number above.
Because this Supplement is not a substitute for the Rules, you may want to see a copy of the
Rules. In the event of a perceived inconsistency, the Rules of Procedure will always govern. References in this Supplement to the Rules simply state "See Rule" and the appropriate number.
(For example, "See Rule 4" refers to 29 C.F.R. § 2200.4.)
Using This Supplement
This Supplement describes how you may participate in Review Commission proceedings. As
employees or their representatives, you can participate in these proceedings in two ways: 1) by filing a notice of contest challenging the abatement period; or 2) by filing a letter electing party status
when only the employer has filed a notice of contest. These ways of participating are discussed in detail in Sections 2 and 3. This Supplement includes Lists at pages 9, 10, and 11.
summarizing the major steps in different types of cases. Throughout this Supplement, important terms are shown in bold italics at least the first time they appear and are included in the Definitions
section on pages 12 and 13.
Parties May Represent Themselves
The Review Commission's Rules do not require that a party--an employer, a union, or affected
employee(s)--be represented by a lawyer. However, proceedings before the Review Commission are legal in nature. Certain legal formalities must be followed. Parties should be aware that OSHA will
be represented by lawyers from the Solicitor of Labor's Office, that the employer may be represented by a lawyer, and that the decision in the case may have consequences beyond the
amount of the penalty. For example, a decision may require corrective actions at a worksite. As a party, you should therefore consider carefully whether to hire a lawyer to represent you in the case.
Time Is of the Essence
Many of the documents you are required to file to participate in a Review Commission proceeding must be filed within a specific time period
. If you fail to file a document by the deadline, you may lose your opportunity to participate. Therefore, you must respond promptly to certain
documents posted by your employer and to communications you receive from the Administrative Law Judge ("the judge") assigned to your case, the Review Commission, or any of the parties.
Sample Documents
At the end of this Supplement you will find Appendixes that contain sample documents that may
be used in preparing your case. These are listed in the Table of Contents and mentioned throughout this Supplement.
Questions Regarding Proper Procedure
If you have questions regarding proper procedure, you should call either the judge assigned to your case or the Executive Secretary's Office at (202) 606-5400
. While they cannot give legal advice or discuss the merits of your case, they can explain Review Commission procedures.
Last
Updated:
March 27, 2003
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