Other Fields
Agency Scheme: 
OSHRADJU0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Commission
Appeal Office (global name): 
Occupational Safety & Health Review Commission: Commission
Appeal Officer #1 (Title): 
Commissioner
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
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. Large penalty cases may initially be assigned to a settlement 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
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal 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)?: 
90.00%
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
29 CFR 2200 Subpart F
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
By Private Party
How many appeal officers preside at each hearing?: 
Three
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (Some Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
For cases involving oral argument, the hearing is presumed open; however, for document-only cases, this question is not applicable.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Staff Attorney
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
272 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
Other
Please briefly describe your case management practice(s) at this office: 
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 Commission's docket.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
OSHRC provides the forum for disputes between the Department of Labor and individuals/companies. "Review by the Commission is not a right. A Commissioner may, as a matter of discretion, direct review on his own motion or on the petition of a party." 29 CFR 2200.91(a) In special circumstances, upon application of a party or intervenor, or on the Commission's own motion, and after 3 days notice, the Commission may waive any rule or make orders as justice or administration of the Occupational Safety & Health Act of 1970 requires. Filing is permitted via e-mail, in addition to paper filings.
ADJUDICATORS
Total # of Appeal Officers: 
3
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
25
Total # Cases Decided/Closed (FY2013): 
20
Total # Cases Pending (End of FY2013): 
36
WRAP-UP
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
The Commission would like to develop Alternative Dispute Resolution processes. The Commission is in the process of developing e-filing. Setting up the process and choosing a vendor has been a cumbersome process, and e-filing itself has been unevenly established throughout the government. The Commission would like to see a centralized process/clearinghouse through which to set up e-filing.
Verified by Agency: 
Verified