Document Type
Article
Media Type
Text
Abstract
The federal circuits are split on the issue of whether the Occupational Safety and Health Review Commission (OSHRC) has the authority to label a safety and health violation de minimis and require no abatement even if the Secretary of Labor has issued a citation. This article initially examines the legislative background of the Occupational Safety and Health Act, its procedural aspects, the separate roles allocated the Secretary of Labor and the OSHRC under the Act, the three levels of violations, and the OSCHRC's authority to determine the level of severity of a violation. Next, the current split in the Federal Circuit Courts is discussed. Finally, the issue of whether the OSHRC possesses the statutory authority to designate a safety and health violation de minimis is analyzed. The article concludes that the OSHRC does possess the authority to label a safety and health violation de minimis and to require no penalty or abatement, even though an OSH Act violation has technically occurred.
First Page
383
Last Page
417
Publication Date
7-1-2002
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Elswick, Samuel D. and Bales, Richard A.
(2002)
"No Harm, No Foul: The OSHRC's Authority to Label an OSH Act Violation de minimis and to Require No Abatement,"
Northern Illinois University Law Review: Vol. 22:
Iss.
3, Article 2.
Suggested Citation
Samuel D. Elswick & Richard A. Bales, No Harm, No Foul: The OSHRC's Authority to Label an OSH Act Violation de minimis and to Require No Abatement, 22 N. Ill. U. L. Rev. 383 (2002).
