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Guide to Review Commission Procedures Section 1 - Introduction The Review Commission The Occupational Safety and Health Review Commission is an independent agency of the U.S. Government. The Commission's only function is to resolve disputes that result from inspections carried out under the Occupational Safety and Health Act of 1970, which we will refer to simply as the Act. The Commission is completely independent of the Department of Labor and the Department's Occupational Safety and Health Administration (OSHA). It is composed of three Commission Members who are appointed by the President of the United States for six-year terms, and it employs Administrative Law Judges to hear cases. Purpose of this Guide This guide is an explanation of how proceedings are conducted before Commission members and judges. It is published to assist you in following the Commission's Rules for cases before the agency. The guide is not a substitute for the Rules. In the event of a perceived inconsistency, the Rules of Procedure will always govern. References to the Rules of Procedure in this guide simply state "See Rule" and the appropriate number. Rules of Procedure The Commission's Rules of Procedure are published in part 2200 of Title 29, Code of Federal Regulations (C.F.R.). These regulations, along with the Act, may be available in a local library and can also be obtained by writing or calling: Office of Public Information Parties May Represent Themselves The Commission's rules do not require that a party -- an employer, a union or affected employees -- be represented by a lawyer; however, proceedings before the Commission are legal in nature. Certain legal formalities are necessary and must be followed. Parties should be aware that OSHA will be represented by an attorney from the Solicitor's Office of the Department of Labor and that the decision in the case may have consequences beyond the amount of the penalty, such as imposing requirements for corrective actions at a worksite. Parties should therefore consider whether the employment of a lawyer is desirable in their particular situation. Time is of the Essence Many of the documents parties are required to file such a those needed to disagree with an OSHA citation or proposed penalty must be filed within a specific time period. This means that failure to file documents as required could result in a citation becoming a final order without an opportunity to appeal. Therefore, you must respond promptly to communications you receive from either the judge, the Commission, or any of the parties to the dispute. Using This Guide This guide describes necessary documents and steps in legal proceedings before Commission members and judges. It includes two tables at pages 6 and 8 summarizing the major steps for using the two methods of pursuing a case -- conventional or E-Z Trial proceedings -- and a table showing the major steps for seeking review of a judge's decision before the Commission (page 25). Important terms are shown in bold italics the first time they appear and are included in a Glossary for easy reference (page 26). Sample Legal Documents Finally, the Appendixes contain forms and sample correspondence which may be used or referred to in preparing your case. These are listed in the table of contents and mentioned as appropriate throughout the Guide. 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 Commission procedures.
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