Sample Documents - Employee Guide to Review Commission Procedures

Employee Guide to Review Commission Procedures

Sample Documents

Appendix 1--First Page of OSHA Citation

[Note: The citation contains a number of pages. Shown here is an example of the first page, which is what would be on top when the citation is posted.]

U.S. Department of Labor
Occupational Safety and Health Administration
200 North High Street
Government City, State 19999
Phone: (222) 333-4444 FAX: (222) 333-4321

Citation and Notification of Penalty

To:
ABC Corporation
and its successors
1700 Springfield Blvd
City, State 19999

Inspection Number: 909090909
Inspection Date(s): 03/20/98 - 03/30/98
Issuance Date: 05/21/98

Inspection Site:
1700 Springfield Blvd
City, State 19999

The violations(s) described in this Citation and Notification of Penalty is (are) alleged to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below.

This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court.

Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or , if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered up prior to posting.

Informal Conference - An informal conference is not required. However, if you wish to have such a conference you may request one with the Area Director during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty(ies).

Appendix 2--Notices of Contest

Appendix 2A--Notice of Contest by Authorized Employee Representative (Union)

Metal Workers Union Local 473
589 22nd Street
Town, State 10308
June 9, 1999

Mr. ABC, Area Director
U.S. Department of Labor
Occupational Safety and Health Administration
Room 224, Federal Building
700 South Road
City, State 13359

Dear Mr. ABC:

Local 473 of the Metal Workers Union, the authorized employee representative for affected employees of MegaMetal Corp. of Greenacre, Ohio, contests the OSHA citations issued on June 2, 1999, against MegaMetal as a result of Inspection No. 191919191. The proposed abatement dates of March 27, 2000, for Item No. 1 of the serious citation, and January 5, 2000 for Item No. 2 of the willful citation, are unreasonable and will continue to expose workers to safety and health hazards.

Sincerely,

William Metz
President, Local 473

Appendix 2B--Notice of Contest by Affected Employee

456 West Street
Town, State 78909
June 30, 1999

Ms. GHI, Area Director
U.S. Department of Labor
Occupational Safety and Health Administration
1505 River Road -- Room 120
City, State 57075

Dear Ms. GHI:

As an employee affected by the hazards cited by OSHA when it inspected my employer, VXY Corp. of Seaside, Florida, I contest the abatement dates OSHA proposed in the citation it issued to VXY on June 24, 1999. The abatement dates of March 15, 2000, for Items No. 1 and No. 3 of the serious citation, and December 5, 1999, for Item No. 1 of the non-serious citation, are unreasonable and will continue to expose workers to safety hazards.

Sincerely yours,

Chris Jones
Employee of VXY Corp.

Appendix 3--Letters Electing Party Status

Appendix 3A--Letter Electing Party Status by Authorized Employee Representative (Union)

Chemical Workers Union, Local 101
1066 East Drive
Town, State 80001
June 10, 1999

Executive Secretary
Occupational Safety and Health Review Commission
1120 20th Street, N.W., Ninth Floor
Washington, D.C. 20036-3419

Dear Sir or Madam:

Local 101 of the Chemical Workers Union, the authorized employee representative for affected employees of Chemical Coatings, Inc. of Treetown, Pennsylvania, elects party status in OSHRC Docket No. 99-1865. We request that copies of documents and correspondence in this case be sent to us at the address above. We are also interested in participating in settlement discussions.

Sincerely,

Samantha Green
President, Local 101

Appendix 3B--Letter Electing Party Status by Affected Employee

1492 School Street
Town, State 45654
June 21, 1999

Judge Walter J. Wisdom
Occupational Safety and Health Review Commission
1120 20th Street, N.W., Ninth Floor
Washington, D.C. 20036-3419

Dear Sir:

As an employee affected by the hazards cited by OSHA when it inspected my employer, Building Construction Co. of Mountain Valley, Massachusetts, I elect party status in OSHRC Docket No. 99-1812. I request that copies of documents and correspondence in this case be sent to me at the address above. I am also interested in participating in settlement discussions.

Sincerely yours,

Larry Lee
Employee of Building Construction Co.

Appendix 4--Certificate of Service

I certify that the foregoing letter to the Executive Secretary electing party status in OSHRC Docket No. 99-1865 was served on June 10, 1999, by mailing copies by first class mail to:

Edward Clark
Director of Safety
Chemical Coatings, Inc.
11 Elm Street
Treetown, Pennsylvania 33443

Beverly Smith, Attorney
Office of the Solicitor of Labor
U.S. Department of Labor
14415 Northern Boulevard
City, State 12345

_________________________________
Samantha Green
President, Local 101

Last Updated: March 27, 2003