The Occupational Safety and Health Review Commission (“OSHRC”) is the highest administrative court deciding contested citations resulting from OSHA inspections. After a case is decided by an Administrative Law Judge, an employer may appeal the decision to be heard by the OSHRC’s panel of judges. Further appeals go to a federal appeals court.
The three-member OSHRC could soon have a full board for the first time since April 2015. Cynthia Atwood and Heather L. MacDougall were members of the OSHRC until April 27, 2017. On April 27, MacDougall’s term expired, leaving Atwood and two open seats. One of the open spots could be filled by MacDougall, whom President Trump nominated to serve for a second term on April 21, 2017. MacDougall came to the OSHRC with 20 years of experience representing employers in matters regarding labor, employment and occupational safety and health.
On May 12, 2017, President Trump nominated James Sullivan to fill the remaining open seat. Sullivan is a Pennsylvania labor and employment lawyer with 37 years of experience representing employers and practicing occupational safety and health law.
President Trump’s nominations must be confirmed by the Senate before Sullivan and MacDougall join the OSHRC.