Courts, arbitrators and OSHA problems: An overview

January 1, 1980

Synopsis By: Goldstein
Proceeding Author:
Raymond L. Britton, Adolph E. Schwartz
 

An examination into the intent of the Occupational Health and Safety Act. The author addresses the difficulties that arise with the introduction of new standards, and the contesting of citations issued to employers based upon claims that the regulations are vague, unduly burdensome, or unreasonable. The question of the adjudicative body best suited to review the merits of citations, promulgations, and standards is examined; the Agency takes the position that the OSHA Review Commission and administrative law judges are the most qualified. The author forecasts that arbitrators may begin to hear more safety and health disputes and will be faced with three choices: (1) Should arbitrators look to external law such as OSHA, NLRA provisions, and the holdings of the federal courts? (2) Should arbitrators formulate their own standards and policies, based solely on contract provisions and without reference to external law? Or (3), should arbitrators base their decisions on a combination of the CBA and external law? Examples of how OSHA and the courts have interfaced with arbitration are given.


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