Takeaway: It is important to fully understand the procedural issues in a matter being heard by a court. In this case, because OSHA had not put in evidence about the company's safety program, there was no need for the company to submit that evidence as an affirmative defense. Doing so actually established the basis for the ALJ's reliance on the safety program as the decisive issue at that stage of the case and created the need for federal court review.

The litigation of a safety-related lawsuit may seem complicated, but it consists of four basic steps, which were outlined in a recent 4th U.S. Circuit Court of Appeals decision.

The four steps are:

• The Occupational Safety and Health Administration (OSHA) investigates and makes determinations related to the applicable safety regulations in a workplace, issues citations for violations of those regulations, and determines the amount of fine imposed for any such violations.
• A company can appeal the citations and fine, and an administrative law judge (ALJ) hears that case, either affirming OSHA's decision or reversing it.
• The Occupational Safety and Health Review Commission may review the ALJ's decision. If it does not, that ALJ's decision become a final order.
• A final order can be appealed by the unsuccessful party to a federal U.S. Circuit Court of Appeals.

Facts of the Case

The 4th Circuit was asked to address a final order in a workplace injury litigation. The court found that because of a procedural error by an ALJ in the...

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