b'involveo m this. The lettercan simply WHEN THEsay"Idisagree withthe citationyou have served on me." This isnotice to OSHAOSHAthatyouaredisputingtheir allegationsanditautomatically suspends the actionuntil a decision is NSPECTORmade after a fullscale hearing unless the parties agree on asettlement. VISITS YOUWhentheOSHAdirectorreceives this notice of contest, the Commission\'s rules require that he must forward it to the OSHA Review Commission within seven days of receipt. The case is then This is a co11d,11salion ofpri.nlatiOI! mm/.,by Ro/)prl D.assignedforhearing to one of the41 the llor111. Chairman, Occ11pa1io11al Saf(\'tyI lea/th Rrview Com Administrative Law Judges employed & missionh\'[OrPth.,Vationalflom, lr11pror,m(\'11lCouncil atbytheReviewCommission.At this tlal\'ir rcP11tcor \'\'ll/iollheld in St. f,ouis.point, whenthe case has reachedthe Review Commission,ishas reached a courtinfact,ifnotinname.The Commission is not apart of thelabor THEOCCUPATIONALSAFETYAct begin when the man fromOSHADepartment;it isawhollyseparate, andHealthActof1970ledtothevisits the factoryor job site and con wholly independent agency which had creation of three new Federal agenciesducts his inspection. About 25 per centnothing to do with the development of eachwithseparatedutiesanof the time he will find no violations ofthe standard under which an employer responsibilities andeachwithjob safetyor health standards.ischarged,nothingtodowiththe distinct roletoplayinachieving thIfthecomplianceofficerdoesfindinspectionthat uncovered the alleged purposeforwhichthislawwawhathethinksisaviolation,theviolation,andnothing to dowiththe enacted:reducing the number ofjobemployerwill,shortlythereafter,decision to cite the employer. related deaths, injuries, and illnessesreceive two documents from the LaborTheAdministrativeLawJudge TwoofthethreewereadditionstDepartment:(1)a citationlisting the(appointedbythechairmanofthe existing cabinet-level departments: thspecific standards or sections of the lawOSHAReview Commission)towhom OccupationalSafetyandHealtwhich the employer is alleged to havethe case is assigned is a highly-qualified Administration in the U.S. Departmenviolatedand(2)anotificationorjurist withmany yearsexperiencein of Labor; and the National Institute oproposedpenalty.tryingandadjudicatinglegalproOccupational Safety and Health in thThe employer must take affirmativeceedings.EachJudgehascareer Department of Health, Education anactionwithin15workingdaysoftenureandnodutiesotherthan Welfare.Thethird:theOccupationareceiving the notificationofproposedhearing and deciding cases under the Safety and Health Review CommissiopenaltyifhewantstocontestthisJob Safety Act. is a newly-created independent agency.action.Ofthecasesfiledwiththe I\'m not sure if there is a complete defin If he failsto do so,heis,ineffect,Commission,mostaresettledtothe ition of an independent agency that fitsconceding that OSHA\'s allegations aresatisfactionoftheemployerbefore all 40 to 50 of them except that none ofcorrect and agreeingto do exactly asactuallyreachingtheformalhearing themarepartofthe11Federathe citation says and to pay the amountstage.Thiscanhappeninvarious agencieswhichareheadedbymem of the penalty proposed.ways: the withdrawal of contest by an bers of the President\'scabinet.It\'s like the system some states useemployer who, upon further considerTheLaborDepartment\'sOccupa to enforce traffic tickets. A motorist isation,decideshewillcomplywith tionalSafety andHealthAdministra given aticket by apoliceofficer.TheOSHA\'s wishes, by amotion from the tion,familiarlyknownasOSHAhasticket specifies a certain fine which canLabor Department to vacate a citation beendelegatedtheSecretaryofbe sentif the motorist decides not toit decides was issued in error, or by a in Labor\'sauthority to establish occupa show up incourtto contest.compromise settlement reached by the tional safety and health standards, toSofaremployershavevoluntarilypartiesbeforetheopeningofthe conduct inspectionssee if those stan accepted citations and proposed penal formalhearing. to dardsarebeingobserved,andtoties in 95%ofthemore than45,000When Congress placed the powers of initiate enforcement actions wheneverenforcement actionswhichhavebeeninvestigationandprosecutioninthe theybelieveanemployerisnotinbrought since the law went into effect.LaborDepartmentandwholly compliance.The fact that 95% of OSHA\'s allegedseparated the power of adjudication by TheNationalInstituteofOccupa victimshavenotdisputedcitationscreating the Review Commission as an tional Safety and Health (NIOSH) wasserved uponthem is, inmy opinion, aautonomous agency to rule on disputed established to perform research and tofairlygoodrefutationof some oftheenforcementactions,it dividedthese conducteducationalandtrainingcriticism they have received.powersalongtraditionallinesof programsonoccupationalsafetyandOf course, any employer who thinksFederal law enforcement. health.Itisalso responsible for iden theactioninitiatedagainsthimisWhenacasegoestohearing,the tifyingunknownworkplacehazardswrong can and should exercise his rightJudge goes to the community in which anddevelopingwaystoeliminateunder the Act to contest theDepart theallegedviolationispurportedto them. The information they develop isment\'s action against him.have occured, unless a suitable hearing submittedtotheSecretaryof LaborTo do so, he must send a letter to theroomisnot available there.If oneis and forms the basis for promulgation ofAreaDirectoroftheLabornot, the hearing is held at the nearest newstandards.Department\'s Occupational Safety andtown having such facilities. The OSHA The Occupational Safety and HealthHealthAdministrationwhosenameReview Commission is one of the few ReviewCommissionisacourtandandaddresswillappearonboththeFederalagencieswhichconducts functions solely as acourtofoccupa citationandthenotificationofnearlyallofitsprogramactivity tional safety andhealth.proposed penalty.outside of Washington, D.C. AllenforcementactionsunderthisThere arenoparticularformalitiesNor are lawyers required at Review 1?April 1973'