On September 18, 2015, the OSHRC issued a briefing notice and invitation to file amici curiae briefs regarding the issues raised by the company in its petition and whether the general duty clause applies to the condition at issue, i.
The OSHRC is a two-tiered independent federal agency that provides ALJs to decide contested citations and penalties and provides discretionary review of ALJ decisions by a panel of commissioners.
Of the 23,562 citations in this category, which includes the vast majority of contests settled with the Department of Labor's Solicitor's Office without significant involvement from an OSHRC judge, the average reduction in penalty was 58%, with 17% of citations completely removed.
Despite the company's blatant misconduct, the OSHRC judge determined that OSHA's fines were too high on nine of the 11 citation items and eliminated one citation altogether.
Subsequent OSHRC decisions further articulated an employer's obligations to other employers' workers at a work site.
The OSHRC also expanded its definition of the type of action at multi-employer work sites that employers can be liable for when workers are exposed to hazards.
The majority of federal circuits have considered the term and adopted the approach of OSHRC
is the final arbiter of penalties proposed by OSHA.
is an independent federal agency created to decide contests of citations or penalties resulting from OSHA inspections of American workplaces.
Hearings before an OSHRC
administrative law judge ended in July, and a decision is expected next year.
740)--This bill increases the membership of the OSHRC
from three to five to ensure cases are heard in a timely manner;
1583 also requires the OSHRC
to give consideration to the penalty's appropriateness with respect to: