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OSHA 2400.2

OSHRC agency description

12 Questions & Answers

Questions & Answers

Under 2400.2, who adjudicates contested enforcement actions under the Occupational Safety and Health Act?

The Occupational Safety and Health Review Commission (OSHRC) adjudicates contested enforcement actions under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651–678, as described in 2400.2.

Under 2400.2, are hearings before the Commission open to the public?

Yes; the Description of agency in 2400.2 states that all hearings are open to the public.

  • That means members of the public may attend hearings where contested enforcement matters are heard.

Under 2400.2, who conducts the hearings for contested enforcement actions?

Hearings are conducted by an Administrative Law Judge (ALJ) at a place convenient to the parties, as stated in 2400.2.

  • The ALJ presides over the hearing and issues decisions that the Commission may later review.

Under 2400.2, can a Commission decision be reviewed after an ALJ issues a decision?

Yes; 2400.2 provides that any Commissioner may direct that a decision of an Administrative Law Judge be reviewed by the full Commission.

  • This allows the Commission to rehear and decide on the judge’s ruling.

Under 2400.2, who designates 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 on behalf of the Commission for its administrative operations, according to 2400.2.

  • Administrative responsibilities typically include managing Commission operations and overseeing administrative matters.

Under 2400.2, where are hearings held?

Hearings are conducted at a place convenient to the parties, as specified in 2400.2.

  • This means the ALJ schedules the hearing location to make attendance and participation reasonably accessible for the parties involved.

Under 2400.2, what procedural opportunity is given to parties in contested enforcement actions?

Parties are given an opportunity for a hearing before the Commission decides cases, per the Description of agency in 2400.2.

  • That opportunity includes a public hearing presided over by an Administrative Law Judge and the potential for Commission review of the judge’s decision.

Under 2400.2, does the Commission itself decide cases or only review ALJ decisions?

The Commission decides cases after the parties have been given an opportunity for a hearing, which may include decisions issued by an Administrative Law Judge and review by the full Commission as provided in 2400.2.

  • In practice, the ALJ issues initial decisions and the Commission may review those decisions if a Commissioner directs review.

Under 2400.2, what legal authority does OSHRC exercise when adjudicating cases?

OSHRC adjudicates contested enforcement actions under the Occupational Safety and Health Act of 1970, codified at 29 U.S.C. 651–678, as stated in 2400.2.

  • The Commission’s role is to decide disputes arising under that federal statute following an opportunity for hearing.

Under 2400.2, who may initiate review of an Administrative Law Judge’s decision by the full Commission?

Any Commissioner may direct that a decision of an Administrative Law Judge be reviewed by the full Commission, according to 2400.2.

  • This internal mechanism lets individual Commissioners bring judgments to the full Commission for consideration.

Under 2400.2, are hearings before OSHRC intended to be accessible to the parties involved?

Yes; 2400.2 requires hearings to be conducted at a place convenient to the parties, which is intended to make participation feasible.

  • Convenience can cover geographic location and scheduling to reduce barriers to attendance.

Under 2400.2, what public record or transparency features are specified for hearings?

The regulation specifies that all hearings are open to the public, as set out in 2400.2, which supports transparency in adjudicating contested enforcement actions.

  • Public hearings allow observers and promote openness in Commission decision-making.