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OSHA term · Glossary

OSHRC

The Occupational Safety and Health Review Commission — an independent federal agency, separate from OSHA and the Department of Labor, that adjudicates disputes when an employer contests an OSHA citation or proposed penalty. Created by the Occupational Safety and Health Act of 1970, OSHRC provides two levels of review: a case is first heard by an Administrative Law Judge (ALJ), whose decision becomes final after 30 days unless one of the three presidentially-appointed Commissioners directs review by the full Commission. Commission decisions may then be appealed to a U.S. Court of Appeals.

Also known as: Occupational Safety and Health Review Commission, the Review Commission, the Commission

OSHRC at a glance

  • Independent federal agency — NOT part of OSHA or the Department of Labor.
  • Created by the OSH Act of 1970 (29 U.S.C. 651–678) to adjudicate contested citations.
  • Composed of three members (Commissioners) appointed by the President with Senate consent (OSH Act §12(a)).
  • An employer has 15 working days from receiving a citation to file a Notice of Contest (OSH Act §10(a)).
  • If no Notice of Contest is filed within 15 working days, the citation becomes a final order — not subject to review by any court or agency.
  • Level 1: an Administrative Law Judge (ALJ) hears the case and issues a decision.
  • Level 2: the ALJ decision becomes a final Commission order after 30 days unless a Commissioner directs discretionary review by the full Commission (OSH Act §12(j)).
  • Final Commission orders may be appealed to a U.S. Court of Appeals.

In plain English

The court-like agency that hears an employer's challenge to an OSHA citation. It is deliberately separate from OSHA — the agency that writes the citation cannot also be the judge of it. First an administrative law judge hears the case; if a Commissioner picks it up, the three-member Commission reviews it; after that, a federal appeals court can be the final word.

What the source says, in summary

The employer has fifteen working days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty... If, within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment of penalty... the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.
OSH Act §10(a) (29 U.S.C. 659(a))Summarized, not quoted: read the source for its operative wording.

In context

An enforcement, recordkeeping, or general-duty concept under the Occupational Safety and Health Act and 29 CFR. These terms define how OSHA inspects, cites, and penalizes employers.

29 CFR Chapter XVII

Example

A contractor receives a serious citation with a proposed penalty. Believing the hazard was misclassified, the contractor files a Notice of Contest with the OSHA Area Director within 15 working days. The case is docketed at OSHRC and assigned to an Administrative Law Judge, who holds a hearing, takes testimony and evidence, and issues a decision affirming part of the citation and vacating another item. Neither party petitions for review, so 30 days later the ALJ's decision becomes the final order of the Commission. Had a Commissioner directed review, the three-member Commission would have reconsidered the case before it became final.

Why it matters

OSHRC is the structural safeguard that separates enforcement from adjudication. Because OSHA (which issues citations) and OSHRC (which judges challenges to them) are different agencies, an employer's contest is decided by a neutral tribunal rather than by the citing agency. The 15-working-day contest deadline is critical: miss it, and the citation — including its penalty and abatement requirements — becomes a final, unappealable order automatically. Understanding OSHRC's process is essential for any employer weighing whether to contest.

OSHRC vs. OSHA — two different agencies

OSHA (the Occupational Safety and Health Administration) is part of the U.S. Department of Labor; it writes standards, inspects workplaces, and issues citations. OSHRC (the Occupational Safety and Health Review Commission) is a completely separate, independent agency; it does not inspect or cite anyone — it adjudicates disputes when an employer contests an OSHA citation. This separation of powers is intentional: the agency that brings the charge is not the agency that judges it. NIOSH, a third body, does research; it also is not part of OSHA.

The OSHRC Contest & Review Process

StageWhat HappensKey Timeframe
Notice of ContestEmployer notifies OSHA it will contest the citation/penaltyWithin 15 working days of receipt
No contest filedCitation becomes a final order, not subject to reviewAfter the 15-working-day window
ALJ hearingAdministrative Law Judge hears evidence and decidesCase docketed at OSHRC
Commission reviewFull 3-member Commission may review if a Commissioner directs itALJ decision final after 30 days absent review
Judicial appealFinal Commission order may be appealedTo a U.S. Court of Appeals

OSHRC: frequently asked questions

Is OSHRC part of OSHA?
No. OSHRC is an independent federal agency, entirely separate from OSHA and from the Department of Labor. OSHA issues citations; OSHRC adjudicates challenges to them. The separation ensures that an employer contesting a citation is heard by a neutral tribunal rather than by the agency that issued the citation. OSHRC does not conduct inspections or issue citations of its own.
How long does an employer have to contest an OSHA citation?
Fifteen working days from receipt of the citation. Under OSH Act §10(a), the employer must notify the Secretary of Labor (through the OSHA Area Director) within 15 working days that it wishes to contest the citation or the proposed penalty. If the employer does not file a Notice of Contest within that window, the citation and penalty are deemed a final order of the Commission and are not subject to review by any court or agency.
What are the two levels of review at OSHRC?
First, an Administrative Law Judge (ALJ) hears the contested case, receives evidence and testimony, and issues a written decision. Second, that ALJ decision becomes a final order of the Commission after 30 days unless one of the three Commissioners directs review by the full Commission (OSH Act §12(j)). If the Commission reviews the case, its decision is the final agency action — which may then be appealed to a U.S. Court of Appeals.

Related terms

More OSHA terms

Abatement

The action an employer takes to fix a cited violation or eliminate a hazard OSHA identified during an inspection. The citation sets an abatement date, the deadline to correct the hazard, and within 10 calendar days after that date the employer must certify to OSHA that the violation was abated. Failure to abate accrues additional penalties of up to $16,550 per day.

Area Director

The senior OSHA official in charge of a specific OSHA Area Office — the local unit that runs inspections and enforcement in its geographic territory. The Area Director has the authority to issue citations, propose penalties, hold informal conferences with employers, and approve settlement agreements. When a Compliance Safety and Health Officer (CSHO) completes an inspection, it's the Area Director who ultimately issues the citation.

Bureau of Labor Statistics (BLS)

The federal statistical agency within the U.S. Department of Labor that collects, analyzes, and publishes data on workplace injuries, illnesses, and fatalities. BLS conducts the annual Survey of Occupational Injuries and Illnesses (SOII) — compiled from employer OSHA 300 logs — and the Census of Fatal Occupational Injuries (CFOI). SOII data drives OSHA's Site-Specific Targeting (SST) program: establishments whose DART rates significantly exceed their BLS industry average are placed on the SST inspection list.

Competent Person

Under OSHA's construction standards, a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions, and who has the authorization to take prompt corrective measures to eliminate them. The role requires both knowledge and the authority to act, and is mandated by name in many specific standards — excavations, scaffolds, fall protection, asbestos, and more.

Citation

The formal written notice OSHA issues to an employer after an inspection, describing each alleged violation, the standard cited, the proposed penalty, and the date by which the hazard must be corrected (abated). OSHA must issue a citation with reasonable promptness and no later than six months after the violation occurred.

Closing Conference

The meeting at the end of an OSHA inspection where the compliance officer confers with the employer and informally advises them of any apparent violations found. Importantly, the closing conference discusses what was observed and the employer's rights — but it does NOT state final citations or penalties, which come later in the written Citation and Notification of Penalty.

Compliance Officer (CSHO)

An OSHA Compliance Safety and Health Officer — the inspector who conducts workplace inspections. A CSHO presents credentials (a photo ID and a serial number), holds the opening conference, performs the walkaround, collects evidence, interviews employees, and recommends citations. CSHOs are either safety specialists or industrial hygienists.

Contest

An employer's formal challenge to an OSHA citation, penalty, or abatement date. To contest, the employer must file a written Notice of Contest with the OSHA Area Director within 15 working days of receiving the Citation and Notification of Penalty. Filing sends the case to the independent Occupational Safety and Health Review Commission (OSHRC); missing the deadline makes the citation a final, un-appealable order.

Sources & verification

Reviewed by HazComFast against eCFR, OSHA.gov, NIOSH, and the Federal Register. Last reviewed 2026-10-05. This glossary is general information, not legal advice; OSHA State-Plan states (e.g. California, Michigan) may adopt stricter requirements.

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