ABSTRACT
This chapter discusses constitutional matter that provides the basis for administrative law systems. It explores occupational safety and health administration' (OSHA) administrative law process. When OSHA issues a citation and proposes a penalty to an organization, it is essentially initiating litigation with that organization. The citation is basically a complaint that the organization committed a wrong against the public, and the particular workers involved, by violating a health and safety standard. If a citation is issued the employer has a legal right to appeal. Similar to the civil litigation process, much effort will be applied to see if a settlement can be reached without a more formal process. Even more severe penalties can be issued if the citation is a repeat occurrence or the organization failed to abate a hazard associated with a previous citation. The secretary need only show that the abatement method would materially reduce the hazard, not that it would eliminate the hazard.
