The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent of the Senate. OSHRC’s only remaining Commissioner, Cynthia Attwood’s term expired April 27 and she has announced her retirement. With her retirement, OSHRC is without a single Commissioner for the first time since the early 1990s when it was without any Commissioners for two months.
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Recent OSHRC Decisions Reinforce the Principle that Unsafe Employee Conduct May Mitigate Against Reasonable Employer Safety Precautions in the Context of OSHA Citations
On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated two machine-guard citations levied against employers by the Occupational Safety and Health Administration (OSHA) and substantially reduced the penalty imposed in a third case, holding that more weight should have been given to unsafe employee behavior. This blog entry provides a brief synopsis of each of these matters and examines the key takeaways.
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