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OSHA 2201.2

OSHRC agency description

11 Questions & Answers

Questions & Answers

Under 2201.2, what is the primary role of the Occupational Safety and Health Review Commission (OSHRC)?

OSHRC's primary role is to adjudicate contested enforcement actions brought under the Occupational Safety and Health Act of 1970. Under 2201.2, the Commission decides cases after the parties are given an opportunity for a hearing.

  • This means OSHRC is the independent tribunal that resolves disputes between the Secretary of Labor (or OSHA) and employers when OSHA citations or penalties are contested.
  • See also the broader part context at 2201 for the Part that implements FOIA-related rules connected to the Commission.

Under 2201.2, are OSHRC hearings open to the public?

Yes. All hearings are open to the public under 2201.2.

  • Public openness means observers can attend hearings unless a specific legal reason requires closure (for example, rare confidentiality or security issues). The section establishes the general rule of public access to hearings.

Under 2201.2, who conducts OSHRC hearings?

Administrative Law Judges (ALJs) conduct OSHRC hearings under 2201.2.

  • ALJs hold hearings at a place convenient to the parties and manage the proceeding, evidence, and testimony.
  • If a party needs to know how the ALJ will run a hearing, they should consult Commission procedural rules and scheduling orders issued in each case.

Under 2201.2, where are OSHRC hearings physically held?

Hearings are held at a place convenient to the parties under 2201.2.

  • That means the ALJ will generally schedule hearings in a location that reasonably serves the parties and witnesses, reducing unnecessary travel burdens when possible.
  • Practical details (specific city, courtroom, remote options) are set by the ALJ or Commission case orders.

Under 2201.2, can a Commission member require review of an Administrative Law Judge’s decision?

Yes. Any Commissioner may direct that a decision of a Judge be reviewed by the full Commission under 2201.2.

  • This provides a mechanism for internal review when a Commissioner believes the full Commission should consider the ALJ’s findings or legal conclusions.
  • If review is ordered, the full Commission will consider the record and issue its own decision or order further proceedings.

Under 2201.2, who selects the Chairman of the Commission and what is the Chairman’s responsibility?

The President designates one of the Commissioners as Chairman, and that Chairman is responsible for the administrative operations of the Commission under 2201.2.

  • The Chair’s duties focus on administration and management of the Commission’s offices and staff rather than changing the adjudicatory process described in the section.
  • For questions about Commission organization or operational matters, contact the Commission’s administrative office.

Under 2201.2, do parties get a chance for a hearing before OSHRC decides their case?

Yes. The Commission decides cases after the parties are given an opportunity for a hearing under 2201.2.

  • This ensures due process: both sides can present evidence, call witnesses, and argue legal points before a decision is issued.
  • If a party needs to assert or dispute facts, the hearing is the forum to do so before the ALJ and, if ordered, the full Commission.

Under 2201.2, what types of cases does OSHRC handle?

OSHRC handles contested enforcement actions arising under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651–678, as stated in 2201.2.

  • Typical matters include employer challenges to OSHA citations, penalties, abatement orders, and related enforcement issues.
  • Cases are limited to disputes within the scope of the OSH Act rather than other labor or safety statutes.

Under 2201.2, can employees or members of the public attend OSHRC hearings?

Yes. Since all hearings are open to the public under 2201.2, employees and other members of the public may attend hearings.

  • Attendees should follow any rules or instructions issued by the ALJ or Commission (for example, courtroom decorum or visitor sign-in procedures).
  • Presence as an observer does not confer party status; only formal parties in the case have rights to participate in the hearing.

Under 2201.2, does the Chairman have authority to overrule ALJ decisions directly?

Not directly under 2201.2: the section states the President designates the Chairman who is responsible for administrative operations, and it separately provides that any Commissioner may direct review of an ALJ decision by the full Commission under 2201.2.

  • The Chair’s role described here concerns administration, not unilateral reversal of ALJ decisions.
  • If a Commissioner (which could include the Chairman) wants the full Commission to review an ALJ decision, they must direct review so the full Commission, not the Chair alone, considers the case.

Under 2201.2, what is the practical role of Administrative Law Judges in OSHRC proceedings?

Administrative Law Judges conduct the hearings and manage the presentation of evidence and testimony in contested cases under 2201.2.

  • ALJs issue initial decisions based on the hearing record; those decisions may be reviewed by the full Commission if a Commissioner directs review.
  • Parties should prepare for ALJ hearings like courtroom proceedings: submit evidence on time, prepare witnesses, and follow procedural orders.