•  
  •  
 

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

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.