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.

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
Resources & Articles: 
Guide to Review Commission Procedures (
Guide to Simplified Proceedings (
Supplement to Procedures (
Distinctive Features: 
OSHRC offers both conventional and simplified proceedings. Conventional proceedings are conducted according to the federal rules of evidence. 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. See 29 CFR 2200.107
Verified by Agency: 
Is this a Major Adjudication: