OSHRC Occupational Safety and Health Review

OSHRC Occupational Safety and Health Review Commission... 

Associated with each citation is a proposed penalty. If the employer chooses to contest the alleged violations or proposed penalties, they first discuss it with the agency at a conference. If that does not lead to a solution, the case can be presented to an independent Occupational Safety and Health Review Commission (OSHRC). 

The Occupational Safety and Health Review Commission (OSHRC) initially addressed the employer-employee relationship shortly after the OSH Act was enacted in the case titled Gilles v. Cotting, Inc. In this case, two employees of the primary contractor were killed in an accident created by and resulting from the actions of a subcontractor. OSHA issued one citation to the primary contractor and one citation to the subcontractor. OSHA subsequently vacated the citation to the primary contractor, finding the citation was improper and would impose liability outside the employment relationship. Over the years, the OSHRC, as well as the various federal Circuit Courts of Appeal, has addressed this issue primarily in the construction area, with focus on creation of the hazard and control of the hazard. In recent decisions and with the inception of the multiemployer woiksite rule, the scope of the duty to safeguard employees at the worksite has been substantially expanded."... 

The OSHAct also created the National Institute of Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Review Commission (OSHRC). NIOSH operates within the Department of Health and Human Services (HHS) under the Centers for Disease Control (CDC) to develop occupational safety and health standards for recommendation to the Secretary of Labor and the Secretary of HHS, and to fulfill the research and training functions of the Secretary of HHS. It is headquartered in Washington, DC, but carries out many of its functions at its facilities in Cincinnati, Ohio, and Morgantown, West Virginia. It also works through contracts with more than 15 Education and Research Centers and over 40 Training... 

ROLE OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC)... 

The Occupational Safety and Health Review Commission (OSHRC) was established, when the OSHAct was passed, to conduct hearings when OSHA citations and penalties are contested by employers or by their employees. 

Citations and notices will arrive by certified mail and should be posted at or near the area where the violation occurred for at least 3 days or until abated, whichever is longer. Any notice of contest or objection must be received in writing by the OSHA area director within 15 days of receipt of any citations. The area director will forward the notice of contest to the Occupational Safety and Health Review Commission (OSHRC). It is also a good idea to request an informal meeting with the area director during the 15-day period. 

Another regulatory agency that works closely with the chemical processing industry is the Occupational Safety and Health Administration. Three groups were created by the Occupational Safety and Health Act of 1970 OSH A, the Occupational Safety and Health Review Commission (OSHRC), and the National Institute for Occupational Safety and Health (NIOSH). 

Greater Hazard Defense A well-established Occupational Safety and Health Review Commission (OSHRC) doctrine that, on some occasions, allows employers to escape sanctions for violations of otherwise applicable safety regulations because the act of abating the violation would itself pose an even greater threat to the safety and health of their employees. 

OSHA encourages the use of informal conferences, and additionally, an informal conference can be very beneficial to safety professionals. The benefits to OSHA include the elimination of the need for the formal appeals process before the Occupational Safety and Health Review Commission (OSHRC), the subsequent litigation that can result, and the costs and manpower requirements involved in this type of litigation. The benefits to the safety and health professional and his or her organization can include resolution of the matter, minimized impact on the safety efforts, reduced litigation costs, and reduced manpower requirements. In essence, an informal conference, if the matters can be resolved, is a win-win for all involved parties. 

Secretary of Labor v. Pepperidge Farm, Inc., OSHRC Docket No. 89-0265 (Occupational Safety and Health Review Commission September 20,1996). 

Section 11 provides for the appeal and review of any orders issued by the Occupational Safety and Health Review Commission (OSHRC). This section also addresses discrimination by the employer against workers who decide to exercise their right to complain formally or informally regarding safety and health issues. 

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