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Charlotte Attorneys Comment on MSHA and OSHA Decisions

8.23.18

In the EHS Today article “MSHA and OSHA Decisions May Be Overturned,” attorneys Travis Vance and David Klass discuss the implications of the U.S Supreme Court possibly overturning rulings by improperly appointed administrative law judges (ALJ) in the Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA).

Specifically, Travis and David explain that OSHA citations could be invalidated in the wake of the Jones Brothers case – a case that defined the legality of ALJ appointments. They pointed out that the 6th Circuit found only the Federal Mine Safety and Health Review Commission commissioners could act as the department head and legally appoint ALJs. For the Occupational Safety and Health Review Commission appointments, however, the governing statute provides that the “Chairman” of the commission “shall appoint” ALJs.

To read the full article, visit EHS Today.

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