chapter  9
Occupational Safety and Health Review Commission
Pages 10

The Occupational Safety and Health Review Commission (OSHRC) is the independent judicial arm created under the OSH Act to adjudicate cases involving OSHA citations. This OSHRC consists of a panel of three judges who are appointed by the President for 6-year staggered terms and confirmed by the Senate. The OSHRC has created a court-like structure with progressive stages for the contest process and possesses specific rules related to this hearing process. (See Appendix B for OSHRC Rules and Procedures.)

Under Section 9(a) of the OSH Act, if the Secretary of Labor believes that an employer “has violated a requirement of Section 5 of the Act, of any standard, rule or order promulgated pursuant to Section 6 of this Act, or of any regulations prescribed pursuant to this Act, he shall within reasonable promptness issue a citation to the employer.”1 “Reasonable promptness” has been found and defined to mean within 6 months from the occurrence of a violation.