Occupational Safety and Health Review Commission

Definition and stakes

Thurgood Marshall,  Martin v. Occupational Safety and Health Review Commission…

“ The Court of Appeals concluded that it should defer to the Commission's interpretation under such circumstances. We reverse.
* A.
The Occupational Safety and Health Act of 1970 (OSH Act or Act) establishes a comprehensive regulatory scheme designed "to assure so far as possible . . . safe and healthful working conditions" for "every working man and woman in the Nation." 29 U.S.C. § 651 (b) . See generally Atlas Roofing Co. v. Occupational Safety and Health Review Comm'n, 430 U.S. 442, 444-445, 97 S.Ct.
”
Source: Wikisource

Thurgood Marshall,  Martin v. Occupational Safety and Health Review Commission…

“ CF & I contested the citation.
The ALJ sided with the Secretary, but the full Commission subsequently granted review and vacated the citation. See CF & I, 12 OSHC 2067 (1986) . In the Commission's view, the "respiratory protection program" referred to in § 1910.1029 (g) (3) expressly requires only that an employer train employees in the proper use of respirators; [2] the obligation to assure proper fit of an individual employee's respirator, the Commission noted, was expressly stated in another regulation, namely, § 1910.1029 (g) (4) (i) . [3] See 12 OSHC, at 2077-2078.
”
Source: Wikisource

Thurgood Marshall,  Martin v. Occupational Safety and Health Review Commission…

“ Because applying an agency's regulation to complex or changing circumstances calls upon the agency's unique expertise and policymaking prerogatives, we presume that the power authoritatively to interpret its own regulations is a component of the agency's delegated lawmaking powers. See Ford Motor Credit Co. v. Milhollin, 444 U.S. 555, 566, 568, 100 S.Ct. 790, 797, 798, 63 L.Ed.2d 22 (1980) . The question before us in this case is to which administrative actor-the Secretary or the Commission-did Congress delegate this "interpretive" lawmaking power under the OSH Act. ”
Source: Wikisource

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