[United States Government Manual] [June 01, 2005] [Pages 488-491] [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, 202-606-5398. Internet, www.oshrc.gov. Chairman W. Scott Railton Commissioners James M. Stephens, Thomasina V. Rogers Executive Director Patricia A. Randle Chief Administrative Law Judge Irving Sommer General Counsel (vacancy) Executive Secretary Ray H. Darling, Jr. Public Information Officer Linda A. Gravely [[Page 489]] ------------------------------------------------------------------------ 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 the Commission there are two levels of adjudication. All cases 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 party to the case adversely affected or aggrieved thereby may seek a review of the decision in the United States Courts of Appeals. The Commission's principal office is in Washington, DC. There are also two 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., 404-562-1640 30303-3104)............................................ Denver, CO (Rm. 250, 1244 N. Speer Blvd., 80204)........ 303-844-3409 ------------------------------------------------------------------------ [[Page 490]] [GRAPHIC] [TIFF OMITTED] T201944.053 [[Page 491]] Sources of Information Publications Copies of the Commission's Rules of Procedure, Guide to Review Commission Procedures, Guide to E-Z Trial Procedures, and Employee Guide to Review Commission Procedures: Supplement to the Guide to Review Commission Procedures, decisions, and pamphlets explaining the functions of the Commission are available from the Public Information Office at the Commission's Washington, DC, office and on the Internet at www.oshrc.gov. For further information, contact the Public Information Officer, Occupational Safety and Health Review Commission, 1120 Twentieth Street NW., Washington, DC 20036-3419. Phone, 202-606-5398. Fax, 202-606-5050. Internet, www.oshrc.gov. ------------------------------------------------------------------------