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31 Admin. L. Rev. 177 (1979)
Independent Adjudication and Occupational Safety and Health Policy: A Test for Administrative Court Theory

handle is hein.journals/admin31 and id is 201 raw text is: 177 INDEPENDENT ADJUDICATION AND OCCUPATIONAL SAFETY AND HEALTH POLICY: A TEST FOR ADMINISTRATIVE COURT THEORY Neil Sullivan* I. INTRODUCTION T he Occupational Safety and Health Act of 1970 established a unique situation in the federal bureaucracy by assigning rulemaking and adjudicative functions to formally separate agencies.' The task of setting standards and enforcing them is delegated to the Occupational Safety and Health Administration (OSHA) which is in the Department of Labor. The adjudication of challenges to that enforcement is the responsibility of the Occupational Safety and Health Review Commis- sion (OSHRC), an independent agency. The OSHAct further frag- mented the development and implementation of policy by establishing the National Institute for Occupational Safety and Health (NIOSH) in the Department of Health, Education and Welfare. NIOSH bears re- sponsibility for researching safety and health standards which are sub- sequently recommended to OSHA for rulemaking. The separation of adjudicative and legislative functions between the Review Commission and OSHA is consistent with the recommenda- tions of many groups that have been concerned with improving the administrative process through the creation of administrative courts to *Professor, Baruch College, City University of New York. 184 Stat. 1590.

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