Dispute Resolution in the Administrative Process: Evaluation of the Occupational Safety and Health Review Commission Settlement Part Program

Lisa Blomgren Amsler (formerly Bingham)
Indiana University Bloomington – School of Public & Environmental Affairs (SPEA); University of Nevada, Las Vegas, William S. Boyd School of Law

Deanna Malatesta
Indiana University – Purdue University Indianapolis

Susanna Lenore Foxworthy
Indiana University Bloomington – School of Public & Environmental Affairs (SPEA)

Timothy H. Reuter
Indiana University Purdue University Indianapolis (IUPUI)

January 16, 2013

Abstract:

This report evaluates the Occupational Safety and Health Review Commission’s Settlement Part Program, in which administrative law judges serve as mediators for cases involving appeals from penalties assessed against employers by the Occupational Safety and Health Administration in its regulation of workplace safety. It examines the structure and function of the program, participant satisfaction with the mediation process, and recommendations for improving its design and management.

Dispute Resolution in the Administrative Process- Evaluation of the Occupational Safety and Health Review Commission Settlement Part Program