On October 7, the U.S. Senate approved President Donald Trump’s nomination of Jonathan Snare to the Occupational Safety and Health Review Commission (OSHRC).  OSHRC handles appeals of federal OSHA citations. While the first stage of such appeals is heard by an administrative law judge, employers have the option of appealing those decisions to the three-member OSHRC.  

OSHRC has not had a quorum since 2023, and prior to the Senate’s action last week, all three commissioners' terms had expired. Trump has not nominated candidates for the two other OSHRC vacancies, and the commission still lacks the quorum needed to hear appeals. However, Snare has the ability to designate cases for appeal at some future date.

Employers wishing to move forward with federal OSHA appeals have the option of direct review by a designated federal appellate court assuming their cases are not designated for OSHRC hearing. For the time being, designated appeals remain in limbo. Because such appeals are not final, employers are not required to abate the alleged safety violations pending final review.

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