Agency overview | |
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Jurisdiction | Federal government of the United States |
Headquarters | 1120 20th Street NW, 9th Floor, Washington, D.C. 20036-3457 |
Annual budget | $13.2 million (2021) |
Agency executive |
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Website | www |
The Occupational Safety and Health Review Commission (OSHRC) is an independent federal agency created under the Occupational Safety and Health Act to decide contests of citations or penalties resulting from OSHA inspections of American work places. It is not part of the Department of Labor or OSHA. It functions as a two-tiered administrative court, with established procedures for conducting hearings, receiving evidence, and rendering decisions by its Administrative Law Judges, and if necessary discretionary review of those decisions by a panel of Commissioners. [1]
The commission consists of three members, who are appointed by the President, by and with the advice and consent of the Senate. The President appoints, by statute, members who by reason of training, education, or experience are qualified. A maximum of two members may be members of the same political party. They each serve terms of six years, and a member may not continue to serve after the end of their term. Two members is necessary for the commission to have a quorum, and official action can be taken only on the affirmative vote of at least two members. The President designates one of the members to serve as chairman. A member may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. [2]
The current commission as of September 19, 2024: [3] [4]
Position | Name | Party | Sworn in | Term expires |
---|---|---|---|---|
Chair | Cynthia L. Attwood | Democratic | January 17, 2020 (Commissioner) January 25, 2021 (Chair) | April 27, 2025 |
Member | Vacant | |||
Member | Vacant |
President Biden has nominated the following to fill a seat on the board. They await Senate confirmation.
Name | Party | Term expires | Replacing |
---|---|---|---|
Amanda Wood Laihow | Republican | April 27, 2029 | Reappointment |
Mark G. Eskenazi | Democratic | April 27, 2027 | James J. Sullivan |
The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemployment benefits, reemployment services, and occasionally, economic statistics. It is headed by the secretary of labor, who reports directly to the president of the United States and is a member of the president's Cabinet.
The Occupational Safety and Health Administration is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance." The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival.
The Federal Election Commission (FEC) is an independent agency of the United States government that enforces U.S. campaign finance laws and oversees U.S. federal elections. Created in 1974 through amendments to the Federal Election Campaign Act, the commission describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections." It is led by six commissioners who are nominated by the president and confirmed by the Senate.
The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).
The European Agency for Safety and Health at Work (EU-OSHA) is a decentralised agency of the European Union with the task of collecting, analysing and disseminating relevant information that can serve the needs of businesses, governments and specialists involved in safety and health at work. Set up in 1994 by Council Regulation (EC) No 2062/94 of 18 July 1994, EU-OSHA is based in Bilbao, Spain, where it has a staff of occupational safety and health (OSH), communication and administrative specialists. William Cockburn Salazar is the current Executive Director of EU-OSHA. Council Regulation (EC) No 2062/94 was replaced by Regulation (EU) 2019/126 on 20 February 2019.
The permissible exposure limit is a legal limit in the United States for exposure of an employee to a chemical substance or physical agent such as high level noise. Permissible exposure limits were established by the Occupational Safety and Health Administration (OSHA). Most of OSHA's PELs were issued shortly after adoption of the Occupational Safety and Health (OSH) Act in 1970.
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.
In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency and defines its authorities and responsibilities. Organic statutes may also impose administrative procedures on an agency that differ from the Administrative Procedure Act. Any modifications to an agency's statutory powers beyond those included in the organic statute are added by Congress in subsequent enabling statutes.
The Federal Mine Safety and Health Review Commission is an independent adjudicative agency of the United States government that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Amendments Act, or Mine Act, of 1977.
Lock out, tag out or lockout–tagout (LOTO) is a safety procedure used to ensure that dangerous equipment is properly shut off and not able to be started up again prior to the completion of maintenance or repair work. It requires that hazardous energy sources be "isolated and rendered inoperative" before work is started on the equipment in question. The isolated power sources are then locked and a tag is placed on the lock identifying the worker and reason the LOTO is placed on it. The worker then holds the key for the lock, ensuring that only they can remove the lock and start the equipment. This prevents accidental startup of equipment while it is in a hazardous state or while a worker is in direct contact with it.
The U.S. Chemical Safety and Hazard Investigation Board (USCSB), generally referred to as the Chemical Safety Board (CSB), is an independent U.S. federal agency charged with investigating industrial chemical accidents. Headquartered in Washington, D.C., the agency's board members are appointed by the president and confirmed by the United States Senate. The CSB conducts root cause investigations of chemical accidents at fixed industrial facilities.
Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.
The Health Hazard Evaluation (HHE) program is a workplace health program administered by the National Institute for Occupational Safety and Health (NIOSH) by which employees, employers, and labor unions can request assistance from the HHE program at no cost to them.
Edwin Gerhart Foulke Jr. is an American lawyer who served as the Assistant Secretary of Labor. In 2006, Foulke was nominated by U.S. President George W. Bush to head the Occupational Safety and Health Administration and had assumed the position until November 2008. Foulke is currently a partner at Fisher & Phillips in Atlanta, Georgia.
Heather MacDougall is an American lawyer and former government official who currently serves as the vice president of worldwide employee health and safety for Amazon. She was a member of the Occupational Safety and Health Review Commission (OSHRC) from 2014 until 2019. She served as the acting chair of OSHRC from January 2017 until her resignation in March 2019. MacDougall was first nominated to the post by President Barack Obama and unanimously confirmed by the U.S. Senate in March 2014. In April 2017, President Donald Trump nominated her to continue as a commissioner for a second term. She was confirmed by the U.S. Senate for an additional term on the OSHRC on August 3, 2017. She resigned from OSHRC in March 2019 in order to join Amazon.
James J. Sullivan Jr. is an American lawyer specializing in occupational safety and health law at the law firm of Cozen O'Connor. He previously was a member of the Occupational Safety and Health Review Commission, from August 28, 2017 through March 23, 2021. Sullivan served as chairman of the Commission from July 22, 2019 through January 25, 2021. Before joining government, Sullivan was in private practice, representing employers and businesses at law firms, including Cozen O'Connor and Buchanan, Ingersoll & Rooney. He was the management co-chair of the Occupational Safety and Health Law Committee of the American Bar Association's Labor Law Section from 2014 to 2017. Sullivan was the vice president of labor and employment law and deputy general counsel for Comcast from 2000 to 2002.
The Washington State Department of Labor and Industries (L&I) is a department of the Washington state government that regulates and enforces labor standards. The agency administers the state's workers' compensation system, conducts workplace inspections, licenses and certifies trade workers, and issues permits for heavy machinery.
Amanda Wood Laihow is an American labor lawyer who served as a member of the Occupational Safety and Health Review Commission from 2020 to 2023. Her renomination is pending United States Senate confirmation. She was previously the director of labor and employment policy for the National Association of Manufacturers.
Atlas Roofing Company, Inc. v. Occupational Safety and Health Review Commission, 430 U.S. 442 (1977), was a United States Supreme Court decision in administrative law. The decision held that the Seventh Amendment to the United States Constitution did not require a jury trial to enforce civil violations of a federal "public rights" statute, and that such violations could instead be enforced by a Congressionally created administrative agency.