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Employee Guide to Review Commission Procedures Definitions Abatement Period -- The period of time proposed in the citation for correcting an alleged workplace safety or health violation. Affected Employee -- An employee who has been exposed to, or could be exposed to, any hazard arising from the violations alleged in an OSHA citation. Answer -- A written document filed by the employer in response to a complaint, consisting of short and plain statements admitting or denying the allegations in the complaint and raising any defenses. Authorized Employee Representative -- A labor organization, such as a union, that has a collective bargaining relationship with the employer and represents affected employees. Brief -- A written document in which a party states what the party believes are the facts of the case and argues how the law should be applied. Certificate of Service -- A document stating the date and manner in which the parties were served (given) a document. See Appendix 4 for sample certificate. (Also see definition of 'service.') Citation -- A document issued by OSHA alleging workplace violations and proposing penalties and abatement periods. Complaint -- A document filed by the Secretary of Labor detailing the alleged violations contained in a citation. Conventional Proceedings -- Typical Review Commission proceedings, which are similar to, but less formal than, court proceedings. Discovery -- The process by which one party obtains information from another party before a hearing. E-Z Trial -- Review Commission proceedings that are less formal than Conventional Proceedings and designed for smaller and relatively simple cases. A complaint and answer are not required and discovery occurs only if the judge permits it. File -- The sending of papers to the Review Commission's Executive Secretary or to the judge assigned to a case. See Rule 8. Copies of these papers must be given to the other parties. See definition of 'service.' Notice of Appearance -- A written letter informing the Review Commission of the name and address of the person or persons who will represent a party (that is, the employer or a union or OSHA) in a case. Notice of Contest -- A document disagreeing with all or part of an OSHA citation. Notices of contest filed by employees or their representatives may challenge only the abatement period. Notice of Docketing -- A document from the Review Commission's Executive Secretary telling an employer, the Secretary of Labor, and any other parties in a case that the case has been received by the Review Commission and has been assigned a docket number. Party -- The Secretary of Labor, anyone who files a notice of contest, or anyone who files a letter electing party status. Petition for Discretionary Review -- A written request from a party in a case asking the Review Commission in Washington, D.C. to review the judge's decision. The grounds on which a party may request discretionary review include: (1) the judge made findings of material facts which are not supported by the evidence; (2) the judge's decision is contrary to law; (3) a substantial question of law, policy, or abuse of discretion is involved; or (4) a prejudicial error was committed. Secretary of Labor -- The head of the U.S. Department of Labor. OSHA is part of that Department. Service -- Sending by first class mail or personal delivery a copy of documents filed in a case to all parties in the case. See Definition of "Certificate of Service." See Rule 7. Settlement -- A consensual agreement resolving the disputed issues in a case. See Rule 100. Solicitor of Labor -- The U.S. Department of Labor's chief lawyer who has offices throughout the country. Lawyers from these offices represent the Secretary of Labor and OSHA in Review Commission cases.
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