[United States Government Manual] [June 02, 1998] [Pages 637-640] [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. Internet, http://www.oshrc.gov/. Chairman Stuart E. Weisberg Commissioners (2 vacancies) 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 [[Page 638]] [GRAPHIC] [TIFF OMITTED] T177653.056 [[Page 639]] 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 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 (Rm. 2R90, Bldg. 1924, 100 Alabama St. SW., 30303-3104)............................................ 404-562-1640 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. Internet, http://www.oshrc.gov/. [[Page 640]] ------------------------------------------------------------------------