    [United States Government Manual]
    [May 30, 1997]
    [Pages 631-633]
    [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                                     Daniel Guttman,
                                                              (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

    [[Page 632]]

    [[Page 633]]

    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 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 three regional offices where Commission judges are stationed.

         Review Commission Judges--Occupational Safety and Health 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
    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, Guide to E-Z Trial Procedures, decisions, Annual
    Report to the President, and pamphlets explaining the functions of the
    Commission are available from the 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.

    ------------------------------------------------------------------------