OSHRADJU0001

Scheme Nickname: 
Disputes and/or abatement period relating to alleged safety or health violations

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.

Adjudication Levels: 
LevelName of OfficeSub-Agency/Bureau/Division:Are administrative appeals permitted from final decisions at this stage?
Hearing Level
N/A
Yes (All Types of Cases)
Appeal Level 1
N/A
No
Comments/Notes on Adjudication Structure: 
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.
Types of Adjudication: 
Type A
Verified by Agency: 
Verified
Is this a Major Adjudication: 
Yes