The U.S. Occupational Safety and Health Review Commission (Review Commission) is an independent adjudicatory agency created by the Occupational Safety and Health Act of 1970. The sole statutory mandate is to serve as an administrative court providing fair and expeditious resolution of disputes involving the Occupational Safety and Health Administration (OSHA), employers charged with violations of the Occupational Safety and Health Act, and employees and/or their representatives.

Duties

Position Overview This position is in the Office of the Chief Administrative Law Judge located in Washington, DC. The physical work location is 1120 20th Street, NW - Ninth Floor, Washington, DC 20036. The incumbent is a Federal Officer appointed by the Chairman, pursuant to 29 U.S.C. § 661(e), and works under the administrative direction of the Chairman. The Chief Administrative Law Judge (CALJ) is responsible for providing technical and administrative guidance and advice as well as leadership necessary to assure a thorough and expeditious processing of formal hearing proceedings. The CALJ conducts adjudicatory hearing proceedings which the Review Commission is required to conduct subject to the Administrative Procedure Act (APA) (5 U.S.C. §§ 556, 557). The CALJ issues initial decisions and orders in adjudicatory proceedings, which become final decisions of the Review Commission unless directed for review by the Commission. The CALJ issues final consent orders following a hearing or upon waiver of a hearing. In addition, the CALJ performs related duties which are not inconsistent with their duties under the APA. Duties and responsibilities include: Maintains a calendar of cases assigned for hearing proceedings. Maintains a control system to monitor status of those cases, and periodic statistical reports on the status of those cases. Pursuant to the APA, assigns cases in rotation so far as practicable, to the administrative law judges (ALJs) of the Review Commission. Assures that hearing proceedings are conducted in accordance with procedural requirements of the APA and specialized agency rules of practice published at 29 C.F.R., Part 2200. Monitors, in consultation with the ALJs on a regular basis and through utilization of case management reports, the status of pending cases and recommends appropriate action regarding the quality, output, and general performance to assure the timely and expeditious processing of those cases. Employs innovative court administration procedures, as appropriate, including utilizing appropriate alternative dispute resolution techniques. Identifies and secures case management training for ALJs and recommends training concerning any statutes, laws and regulations, policy statements, and rules of practice, which have an impact on the disposition of cases. Supervises and evaluates performance, in accordance with government-wide and agency regulations and procedures, of attorneys, administrative support and clerical staff in the CALJ National office. As needed, the CALJ serves as liaison between the Office of the Chief Administrative Law Judge, other offices in the agency, other government agencies, and professional bar associations to promote better understanding of and improvement in the hearing process.

Requirements

Qualifications

QUALIFICATIONS REQUIRED: Applicants must possess a Juris Doctor degree. They must also meet both the licensure and experience requirements outlined below to be eligible for a Review Commission ALJ position. In addition to mandatory qualifications, applicants will be required to address, and provide evidence of, desired skills and experience as a means of identifying top candidates. MANDATORY QUALIFICATION: Applicants must have held a Federal ALJ position, at the AL-3 level or above for at least one year. Applicants must submit a copy of their most recent Notification of Personnel Action form (Standard Form 50). Licensure Requirement: Former ALJs at the time of application, must possess a professional license to practice law and be authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution. A. Licensure Applicants must be licensed and authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution. All applicants must have an active bar status and/or membership in "good standing" for at least ten (10) years total in at least one jurisdiction in which they are admitted to practice. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining active status to practice law and being in good standing is also acceptable in lieu of active status in States where the licensing authority considers good standing as having a current license to practice law. -AND- B. Qualifying Experience and Desired Skills Applicants must have at least seven (7) years of experience as a licensed attorney (one of which must have been as a Federal ALJ at the AL-3 level or higher) preparing for, participating in, and/or presiding over formal hearings or trials involving litigation and/or administrative law at the Federal, State, or local level. Other relevant qualifying experience includes participating in or conducting mediation, arbitration, or other alternative dispute resolution of the claims involved in such proceedings and preparing formal written decisions or opinions in such proceedings. Experience that demonstrates knowledge of occupational health and safety law or other labor and employment laws is desired. To be considered as qualifying experience, the types of cases an applicant has handled or been involved with must have been conducted on the record under procedures at least as formal as those prescribed by the Administrative Procedure Act, 5 U.S.C. §§ 553 through 559. Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, grand jury, or appropriate military authority. Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body, a private organization, or individual. Both types of experience may include: Participating in pretrial disclosure and discovery; Participating in settlement or plea negotiations in advance of trial or hearing; Preparing pretrial/prehearing motions or orders (including summary judgment motions); Participating in pretrial/prehearing conferences; Preparing for trial/hearing; Trying or hearing cases; Preparing briefs or opinions; Participating in or conducting arbitration, mediation, or other alternative dispute resolution; or Participating in appeals related to the types of cases above. Applicants should also be prepared to identify how their qualifying litigation and/or administrative law experience reflects a commitment to public service and an ability to perform the functions of an ALJ in an impartial manner. -AND- C. Leadership Experience Applicants must have at least five (5) full years of leadership experience that demonstrates knowledge, skills, and abilities essential for success in this role. The following must be evident in your application materials. Directing and developing staff to meet the mission, strategic vision, and goals of an agency to promote maximum potential of staff, teamwork, and to foster accountability. Provides decision-making and motivation to staff (e.g. judges, law clerks, administrative staff). Developing and preparing presentations/guidance on unique and/or complex issues. Managing day-to-day administrative management activities (e.g., overseeing workload distribution, electronic case filing system). Demonstrated work experiences assigning, reviewing and/or evaluating the work of technical and administrative support staff. Performing collaborative leadership (e.g., where you obtained input from team members so you can make informed decisions that positively impact everyone). Non-qualifying Experience: Experience involving cases with no formal hearing procedures and uncontested cases involving misdemeanors, probate, domestic relations, or similar uncontested matters is not qualifying.

Education

Applicants must possess a Juris Doctor degree. They must also meet both the licensure and experience requirements outlined in this announcement to be eligible for a Review Commission ALJ position.

Contacts

• Address US Occupational Safety and Health Review Commission 1120 20th Street, NW - Ninth Floor Washington, DC 20036-3457 US
• Name: Debra Hall
• Email: [email protected]