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Employee Guide to Review Commission Procedures
Descriptive Tables
List 1: Events When Union or Affected Employee Files the Only Notice of Contest
- OSHA issues a citation to your employer, who must post it immediately upon receipt where you can see it.
- You file a notice of contest (with the Area Director at the OSHA Office that issued the
citation) objecting to the reasonableness of the abatement period within 15 working days of your employer's posting of the citation. OSHA forwards your notice of contest to the Review Commission. You automatically become a
party to the case.
- The Review Commission dockets the case--logs it in and gives it a number--and issues a notice of docketing to you and any other parties.
- The case is automatically expedited.
- The Secretary of Labor must file a statement of the reasons why the abatement period is reasonable within 10 calendar days of receiving your notice of contest.
- After you receive the Secretary's statement, you must file a response within 10 calendar days.
- The judge may hold a pre-hearing conference.
- The judge promptly schedules a hearing, at which you may question witnesses and present other evidence.
- The judge promptly issues a decision. Any party that disagrees with it may file a petition for discretionary review with the Review Commission.
- If the Review Commission agrees to review the case, it generally requests briefs and later
issues a decision. A party that disagrees with that decision may file a petition for review with a U.S. Court of Appeals.
List 2: Events in Conventional Proceedings when Employer Files a Notice of Contest
- OSHA issues a citation, and your employer posts it.
- Your employer files a notice of contest with the Area Director at the OSHA Office that issued the citation, who forwards it to the Review Commission.
- The Review Commission issues a notice of docketing to the parties and also sends to the
employer a Notice to Employees Regarding Safety and Health Citation (also known as notice to affected employees). This notice informs you that you are entitled to participate in the case if you file a letter electing party status.
- Your employer posts the notice of contest and the notice to affected employees.
- You see the notices and file a letter electing party status. This letter may be filed up to 10 calendar days before the hearing.
- The Secretary files a complaint.
- Your employer files an answer in response.
- The parties exchange requested documents, answer written questions, and may also question witnesses under oath. This is known as discovery
. You may participate in this process if you are a party.
- The judge assigned to the case holds a pre-hearing conference.
- As a party, you would be given an opportunity for input into a settlement.
- If the case is not settled, the judge holds a hearing, at which you may present your own
witnesses and other evidence, and you may cross-examine the witnesses of the other parties. At the close of the hearing, you (as a party) may make an oral summary of your case.
- You file a brief with the judge.
- The judge issues a decision. Any party that disagrees with it may file a petition for discretionary review with the Review Commission.
- If the Review Commission agrees to review the case, it generally requests briefs and later
issues a decision. A party that disagrees with that decision may file a petition for review with a U.S. Court of Appeals.
List 3: Events in E-Z Trial when Employer Files a Notice of Contest
- OSHA issues a citation, and your employer posts it.
- Your employer files a notice of contest with the Area Director at the OSHA Office that issued the citation, who forwards it to the Review Commission.
- The Review Commission issues a notice of docketing to the parties and also sends to the
employer a "Notice to Employees Regarding Safety and Health Citation" (also known as notice to affected employees).
- Your employer posts the notice of contest and notice to affected employees.
- You see the notices and file a letter electing party status. This letter may be filed up to 10 calendar days before the hearing.
- The case is designated as E-Z Trial by the Chief Administrative Law Judge or the judge assigned to the case.
- As a party, you would be given an opportunity for input into a settlement.
- The Secretary of Labor provides the OSHA investigation documents to your employer.
- The parties' exchange of information (known as discovery) is allowed only under the conditions set by the judge.
- As a party, you would participate in the mandatory pre-hearing conference at which the
disputed issues are discussed. The parties also discuss their witnesses and exhibits at that time.
- If disputed issues are not resolved yet, you (as a party) would participate in the hearing,
which is less formal than in Conventional Proceedings. At the close of the hearing, you (as a party) may make an oral summary of your case and request permission to file a brief.
- The judge issues a decision. Any party that disagrees with it may file a petition for discretionary review with the Review Commission.
- If the Review Commission agrees to review the case, it generally requests briefs and later
issues a decision. A party that disagrees with that decision may file a petition for review with a U.S. Court of Appeals.
Last
Updated:
March 27, 2003
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