[United States Government Manual]
[July 01, 1995]
[Pages 655-657]
[From the U.S. Government Publishing Office, www.gpo.gov]
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 Twentieth Street NW., Washington, DC 20036-3419
Phone, 202-606-5100
Chairman Stuart E. Weisberg
Commissioners Velma Montoya
(vacancy)
Executive Director William J. Gainer
Chief Administrative Law Judge Irving Sommer
General Counsel Earl R. Ohman, Jr.
Executive Secretary Ray H. Darling, Jr.
Public Affairs Specialist Linda A. Whitsett
________________________________________________________________________
The Occupational Safety and Health Review Commission works to ensure the
timely and fair resolution of cases involving the alleged exposure of
American workers to unsafe or unhealthy working conditions.
The Occupational Safety and Health Review Commission is an independent,
quasi-judicial agency established by the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651-678).
The Commission is charged with ruling on cases forwarded to it by
the Department of Labor when disagreements arise over the results of
safety and health inspections performed by the Department's Occupational
Safety and Health Administration. Employers have the right to dispute
any alleged job safety or health violation found during the inspection
by the Administration, the penalties it proposed, and the time given by
the agency to correct any hazardous situation. Employees and
representatives of employees may initiate a case by challenging the
propriety of the time the Administration has allowed for correction of
any violative condition.
The Occupational Safety and Health Act covers virtually every
employer in the country. Enforced by the Secretary of Labor, the act is
an effort to reduce the incidence of personal injuries, illness, and
deaths among working men and women in the United States that result from
their employment. It requires employers to furnish to each of their
employees a working environment free from recognized hazards that are
causing or likely to cause death or serious physical harm to the
employees and to comply with occupational safety and health standards
promulgated under the act.
Activities
The Commission was created to adjudicate enforcement actions initiated
under the act when they are contested by employers, employees, or
representatives of employees. A case arises when a citation is issued
against an employer as the result of an Occupational Safety and Health
Administration inspection and it is contested within 15 working days.
The Commission is more of a court system than a simple tribunal, for
within
[[Page 656]]
[[Page 657]]
the Commission there are two levels of adjudication. All cases that
require a hearing are assigned to an administrative law judge, who
decides the case. Ordinarily the hearing is held in the community where
the alleged violation occurred or as close as possible. At the hearing,
the Secretary of Labor will generally have the burden of proving the
case. After the hearing, the judge must issue a decision, based on
findings of fact and conclusions of law.
A substantial number of the decisions of the judges become final
orders of the Commission. However, each decision is subject to
discretionary review by the three members of the Commission upon the
direction of any one of the three, if done within 30 days of the filing
of the decision. When that occurs, the Commission issues its own
decision.
Once a case is decided, any person adversely affected or aggrieved
thereby may obtain a review of the decision in the United States Courts
of Appeals.
The principal office of the Commission is in Washington, DC. There
are also four regional offices where Commission judges are stationed.
Review Commission Judges--Occupational Safety Review Commission
------------------------------------------------------------------------
City/Address Telephone
------------------------------------------------------------------------
Atlanta, GA (1365 Peachtree St. NE., 30309)............. 404-347-4197
Boston, MA (John W. McCormack Post Office and
Courthouse, 02110)..................................... 617-223-9746
Dallas, TX (1100 Commerce St., 75242)................... 214-767-5271
Denver, CO (1050 17th St., 80265)....................... 303-844-2281
------------------------------------------------------------------------
Sources of Information
Publications Copies of the Commission's Rules of Procedure, Guide to
the Rules of Procedure, decisions, Annual Report to the President, and
pamphlets explaining the functions of the Commission are available from
the Commission's Public Affairs Specialist at the Commission's
Washington office.
For further information, contact the Public Affairs Specialist,
Occupational Safety and Health Review Commission, 1120 Twentieth Street
NW., Washington, DC 20036-3419. Phone, 202-606-5398. Fax, 202-606-5050.
________________________________________________________________________