OSHRC

The Occupational Safety and Health Review Commission (OSHRC) is an independent federal agency in the United States established by the Occupational Safety and Health Act of 1970 to provide a formal, quasi-judicial forum for the review of enforcement actions brought by the Occupational Safety and Health Administration (OSHA). Its role is to ensure due process in OSHA enforcement by offering an impartial arena where citations, penalties, and orders issued under the act can be challenged and decided.

The Commission is composed of up to three commissioners appointed by the President with the advice and consent of the Senate, with no more than two from the same political party. A chair is designated from among the commissioners. Day-to-day adjudication is conducted by administrative law judges (ALJs) who hear contested cases, take evidence, and issue initial decisions. The full Commission then reviews those decisions and renders the final administrative decision.

Cases typically arise when an employer, employee, or other party contests an OSHA citation or proposed penalty. After a formal hearing, the ALJ issues an initial decision, which can be reviewed by the Commission. The Commission’s decision is final within the agency and is subject to judicial review in the United States Courts of Appeals.

When reviewing OSHRC decisions, federal courts generally examine whether the factual findings are supported by substantial evidence on the record, with questions of law reviewed de novo. OSHRC thus functions as an important check on OSHA's enforcement actions, helping to ensure correctness, fairness, and consistency in the application of workplace safety standards.