Nomination: Hearing Before the Committee on Labor and Public Welfare, United States Senate, Ninety-fourth Congress, First Session, on Frank R. Barnako, of Pennsylvania, to be a Member of the Occupational Safety and Health Review Commission, July 16, 1975

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Page 5 - Administration has allowed for correction of any violative condition. The Occupational Safety and Health Act covers virtually every employer in the country. Enforced by the Secretary of Labor, the act is an effort to reduce the incidence of personal injuries, illness, and deaths among working men and women in the United States that result from their employment. It requires...
Page 5 - After the hearing, the judge must issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary's citation or proposed penalty, or directing other appropriate relief, and his order will become final 30 days thereafter unless, within such period, any Commission member directs that such report shall be reviewed by the Commission itself. The Review Commission will thereafter issue its decision on the case. Once a case is decided, any person adversely affected or aggrieved...
Page 5 - All cases that require a hearing are assigned to an administrative law judge, who decides the case. Ordinarily the hearing is held in the community where the alleged violation occurred or as close as possible. At the hearing, the Secretary of Labor will generally have the burden of proving the case. After the hearing, the judge must issue a decision, based on findings of fact and conclusions of law.
Page 5 - The Occupational Safety and Health Review Commission is an independent agency established by the Occupational Safety and Health Act of 1970 (84 Stat. 1590 ; 29 USC 651).
Page 5 - Commission upon the direction of any one of the three, if done within 30 days of the filing of the decision. When that occurs, the Commission issues its own decision. Once a case is decided, any person adversely affected or aggrieved thereby may obtain a review of the decision in the United States Courts of Appeals. The principal office of the Commission is in Washington, DC.
Page 5 - ... initiated under the act when they are contested by employers, employees, or representatives of employees. A case arises when a citation is issued against an employer as the result of an Occupational Safety and Health Administration inspection and it is contested within 1 5 working days.
Page 5 - ... Commission upon the motion of any one of the three. The Occupational Safety and Health Act covers virtually every employer in the country. It requires each employer to furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees ; and comply with occupational safety and health standards promulgated under the act. The Secretary...
Page 6 - And we are interested in any comments he would like to make at this time. Senator SCHWEIKER. Thank you very much, Mr. Chairman. I just want to say I am delighted we have the opportunity to hold hearings on this very important topic.
Page 6 - TIMOTHY F. CLEARY, OF MARYLAND, TO BE A MEMBER OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION...
Page 5 - ... by challenging the propriety of the time OSHA has allowed for correction of any violative condition. The Occupational Safety and Health Act covers virtually every employer in the country. Enforced by the Secretary of Labor, the act is an effort to reduce the incidence of personal injuries, illness, and deaths among working men and women in the United States which result from their employment. It requires each employer to furnish to each of his employees, employment and a place of employment which...

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