Other Fields
Agency Scheme: 
OSHRADJU0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Administrative Law Judge
Name of Hearing Office (global name): 
Occupational Safety & Health Review Commission: Office of the Chief Administrative Law Judge
Hearing Officer #1 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

The Occupational Safety & Health Review Commission (OSHRC) rules on cases when disputes arise over results of safety and health inspections performed by the Department of Labor's Occupational Safety & Health Administration (OSHA). Employers have the right to dispute alleged job safety or health violations found during OSHA's inspection. Employees and employee representatives have the right to dispute the abatement period established by OSHA for the employer to correct any safety and/or health violation(s). OSHRC hears and decides disputes relating to contest cases by employers and petitions for modification of abatement period by employees and/or employee representatives. Intervenors are permitted, and both employers and employees/employee representatives may file to obtain party status in a dispute. These disputes may follow a conventional hearing process, or may follow a simplified proceeding process. The disputes are first heard by an administrative law judge (ALJ). An ALJ's decision may be appealed to the Commission, or the Commission may review a decision on its own motion.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
98.00%
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR Parts 2200 & 2204
Other published guidance for hearings (if any): 
Guide to Review Commission Procedures, Guide to Simplified Proceedings & Supplement to Guide
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Discovery is conducted in conventional proceedings, but discouraged (though permitted) in simplified proceedings. The information sought through discovery may include any matter that is relevant and not privileged, regardless of whether it is ultimately admissible at the hearing. The judge may limit discovery that is unreasonably cumulative or duplicative or unduly burdensome or expensive. The types of discovery available include: production of documents or things or permission to enter land or property; requests for admission; interrogatories; and depositions. See 29 CFR 2200.52 through 2200.56.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
30 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
1%
In-Person: 
99%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
By Private Party
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted during in-person hearings. This question is N/A for document-only hearings. Note: Document-only hearings may include the submission of depositions with witness testimony.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross examination is permitted during in-person hearings. This question is N/A for document-only hearings. Note: Document-only hearings may include the submission of depositions with cross-examination.
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
Final decisions will be issued no later than 45 days after the hearing for simplified proceedings. There is no similar guidance for complex proceedings.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
364 Days
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
Cases are processed in a first-in/first-out basis, unless a case has been expedited. In such instance, the expedited case takes precedence on the judge's docket.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
"A case may be fully stipulated by the parties and submitted to the Commission or Judge for a decision at any time." 29 CFR 2200.61 Simplified proceedings do not involve complex issues of law and fact. In simplified proceedings, hearings are less formal (the federal rules of evidence do not apply); complaints, answers, and pleadings are not required; interlocutory appeals are not permitted; discovery is permitted only at the discretion of the judge; and the Secretary of Labor must provide the employer with certain informational documents. If it becomes apparent that a case is not appropriate for simplified proceedings, the simplified proceedings may be discontinued and the case will proceed according to rules governing conventional proceedings. See 29 CFR 2200.200, 2200.202, 200.204 In special circumstances, upon application of a party or intervenor, or on a judge's own motion, and after 3 days notice, a judge may waive any rule or make orders as justice or administration of the Occupational Safety & Health Act of 1970 requires.
ADJUDICATORS
Total # of Hearing Officers: 
12
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
Voluntary settlement is available if the parties request it. Mandatory settlement is required for cases in which $1,000 or more is at stake.
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Non-Presiding Adjudicator
Other
If "Other," please specify:: 
If a case is not settled and proceeds to hearing, if the parties, Settlement Judge, and Chief Administrative Law Judge agree, the Settlement Judge may be retained as the Hearing Judge.
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 CFR 2200.120
Comments/Notes on ADR Process (Optional): 
Settlement conferences may be conducted in-person or telephonically.
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
Mandatory ADR comprises the bulk of the ADR cases; there are only about 3 to 4 voluntary ADR cases a year.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
2 215
Total # Cases Decided/Closed (FY2013): 
2 460
Total # Cases Pending (End of FY2013): 
909
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
Regarding the question, "[H]ow far in advance of the hearing date is notice typically provided," OSHRC would like the answer to read: 30-45 Days. Regarding the question of "the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)," OSHRC would like the answer to read: Written (0.1%) In-Person (99.9%). Regarding the question of "how long . . . it take[s] on average--as of FY2013--to adjudicate claims/cases at the hearing-level stage," OSHRC would like the answer to read: Less than 365 Days.
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
While OSHRC is moving forward with e-filing, it would like e-filing to be fully implemented by the end of the year. It would also like its e-filing to have the capability to pull up docket sheets.
Verified by Agency: 
Verified