A Field Guide To OSHA© - Baker & Hostetler LLP

D. Posting and Employee Participation. Employees have theright to participate in a contested OSHA case. The employermust post the Notice of Contest on a company bulletin board andmust subsequently post a notice to employees advising them oftheir right to participate.VIII. SUBSEQUENT PROCEDUREOnce the case is contested, it is assigned to an AdministrativeLaw Judge from the Occupational Safety and Health ReviewCommission (OSHRC). An attorney from the Solicitor’s office ofthe U.S. Department of Labor will act as “prosecutor.” Companieswill require legal representation to participate in this administrativelaw proceeding. A “Complaint” will be filed by the Solicitor and an“Answer” will be filed by the company’s counsel. Eventually the casewill be set for hearing before the Administrative Law Judge. ManyOSHA cases are settled prior to a formal hearing, but any settlementagreement must be approved by the Administrative Law Judge.Judicial review of OSHRC decisions may be sought by an adverselyaffected employer, employee, employee representative or by theSecretary of Labor. Appeals are generally filed in the United StatesCourt of Appeals for the circuit in which the alleged violation occurred,or in which the employer has its principal place of business.IX. Immediately Reportable EventsOSHA Immediately Reportable Event Hotline(800) 321-6742Within 8 hours of:••The death of one employee from a work-related incident, orThe inpatient hospitalization of three or more employees from awork-related incident.-13-