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Guide to Review Commission Procedures
Conventional Process for Contesting an OSHA Citation
Remember, failure to meet deadlines may have serious consequences.
- Employer files notice of contest with OSHA office that mailed citation -- within 15 working days of receiving the citation.
- Employer receives notification (notice of docketing) from Commission of case, docket number and forms to notify employees.
- Employer posts notification to employees of case in progress.
- Union and/or affected employees may contest reasonableness of abatement period; notice
of contest is sent to citing OSHA office within 15 working days of citation's posting at work place.
- Employer decides on type of proceeding--Conventional or E-Z Trial--and notifies the Commission within 20 working days of receipt of notice of docketing.
If conventional proceedings are chosen then the employer:
- Receives a complaint from OSHA's attorneys.
- Files an answer to the complaint within 20 calendar days of receiving the complaint.
- Discusses discovery techniques with the judge when applicable.
- Participates in a conference call to discuss issues and a possible settlement.
- Engages in discovery; exchanges interrogatories and depositions.
- Discusses settlement in another conference call with OSHA and judge. If not settled, then:
- Prepares for and participates in the hearing.
- May purchase a copy of the hearing transcript and may choose to submit a brief to the judge.
- Judge issues a decision. (If dissatisfied, any party may ask for Commission review of the decision).
E-Z Trial Process for Contesting an OSHA Citation
Initially the procedure is the same as Conventional. Remember, failure to meet deadlines could have serious consequences.
- Employer files notice of contest with OSHA office that mailed citation--within 15 working days of receiving the citation.
- Employer receives notification (Notice of Docketing) from Commission of case, docket number, and forms to notify employees.
- Employer posts notification to employees of case in progress.
- Union and/or affected employees may contest reasonableness of abatement period; notice
of contest is sent to citing OSHA office within 15 working days of employer's posting of citation.
If E-Z Trial is selected however:
- The employer receives the OSHA investigatory documents from the Secretary of Labor.
- The parties participate in a mandatory pre-hearing conference:
- Parties discuss narrowing disputed issues, facts agreed upon and employer lists defenses.
- Employer sends the Secretary of Labor any documents relating to his or her affirmative defenses.
If all disputed issues not resolved at the prehearing conference, then parties:
- List witnesses and exhibits.
- Prepare for and participate in the hearing.
- Present oral arguments at the close of the hearing.
- May purchase a copy of the hearing transcript.
- Decide whether to request permission to file a brief.
Judge issues decision.
- If dissatisfied any party may ask for Commission review of the decision.
Process for Seeking Commission Review of Judge's Decision
The employer:
- Receives judge's decision; dissatisfied with the outcome.
- Files petition for discretionary review of the judge's decision.
- Receives notification from Commission that case accepted for review.
- Receives request from Commission for briefs on review.
- Files briefs on review before Commission.
- Receives Commission decision changing portions of the judge's decision with which Commission disagrees.
- Files petition for review in Court of Appeals if dissatisfied with Commission decision.
Last
Updated:
March 27, 2003
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