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

116 Pages Posted: 10 Mar 2014

See all articles by Lisa Blomgren Amsler (formerly Bingham)

Lisa Blomgren Amsler (formerly Bingham)

Indiana University Bloomington - Paul H. O'Neill School of Public and Environmental Affairs; University of Nevada, Las Vegas, William S. Boyd School of Law

Deanna Malatesta

affiliation not provided to SSRN; O'Neill School of Public & Environmental Affairs

Susanna Foxworthy

Indiana University Bloomington - School of Public & Environmental Affairs (SPEA)

Timothy Reuter

Indiana University Purdue University Indianapolis (IUPUI)

Date Written: 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.

Keywords: mediation, administrative law judge, settlement judge, Occupational Safety and Health

JEL Classification: D74, G28, J28

Suggested Citation

Amsler, Lisa Blomgren and Malatesta, Deanna and Malatesta, Deanna and Foxworthy, Susanna and Reuter, Timothy, Dispute Resolution in the Administrative Process: Evaluation of the Occupational Safety and Health Review Commission Settlement Part Program (January 16, 2013). Available at SSRN: https://ssrn.com/abstract=2406657 or http://dx.doi.org/10.2139/ssrn.2406657

Lisa Blomgren Amsler (Contact Author)

Indiana University Bloomington - Paul H. O'Neill School of Public and Environmental Affairs ( email )

1315 East Tenth Street
Rm. 333
Bloomington, IN 47405
United States
812-855-1465 (Phone)
812-855-7802 (Fax)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

Deanna Malatesta

affiliation not provided to SSRN

O'Neill School of Public & Environmental Affairs ( email )

1315 East Tenth Street
227
Bloomington, IN 47405
United States
812-855-0563 (Phone)

Susanna Foxworthy

Indiana University Bloomington - School of Public & Environmental Affairs (SPEA) ( email )

1315 East Tenth Street
Bloomington, IN 47405
United States

Timothy Reuter

Indiana University Purdue University Indianapolis (IUPUI) ( email )

1309 E. 10th St.
Indianapolis, IN 47405
United States

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