U.S. OCCUPATIONAL SAFETY AND HEALTH

REVIEW COMMISSION

March 28, 2022
TABLE OF CONTENTS

I. AGENCY AND MISSION INFORMATION.......................................................................... 1

A. Overview and Mission ........................................................................................................ 1

B. Vision.................................................................................................................................. 1

C. Values ................................................................................................................................. 1

II. STRATEGIC GOALS .............................................................................................................. 2

Strategic Goal #1 – Respect for the Rule of Law ..................................................................... 3

Strategic Goal #2 – Expanding Transparency and Accessibility.............................................. 4

Strategic Goal #3 – Promoting Equity and Organizational Excellence.................................... 4

Strategic Goal #4 – Managing Agency Resources in a Manner that Instills Public Trust........ 5

III. STRATEGIC OBJECTIVES.................................................................................................... 5

A. Commission review-level ................................................................................................... 5

B. ALJ Level............................................................................................................................ 6

C. Executive Director Level .................................................................................................... 7

IV. PERFORMANCE MEASURES AND TARGETS.................................................................. 8

V. EXTERNAL FACTORS ........................................................................................................ 13

A. OSHA Enforcement.......................................................................................................... 13

B. Review Commission Membership.................................................................................... 14

C. Nature of Cases at the Commission-review level............................................................. 14

D. Nature of Cases at the ALJ Level ..................................................................................... 14

E. Legislative and Regulatory Changes ................................................................................ 15

F. Budget............................................................................................................................... 15

G. Additional Factors............................................................................................................. 15

VI. CONSULTATION PLANNING PROCESS.......................................................................... 15

VII. PROGRAM EVALUATION.................................................................................................. 15
1

I. AGENCY AND MISSION INFORMATION

A. Overview and Mission

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 Act). Its 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 federal safety and health 

standards, and employees and/or their representatives. The Review Commission was created 

by Congress as an agency completely independent of OSHA and the Department of Labor 

(DOL) to ensure that OSHA’s enforcement actions are carried out in accordance with the law 

and that parties are accorded due process.

The Act and the Review Commission’s Rules of Procedure provide two levels of 

adjudication when an employer timely contests an OSHA citation. The first level affords an 

employer and/or affected employee who files a timely notice of contest with an opportunity 

for a hearing before a Review Commission Administrative Law Judge (ALJ). The ALJ’s 

decision becomes a final order under the Act unless a member of the Review Commission 

exercises their discretion to direct the case for review. The second level involves the Review 

Commission’s review of an ALJ decision. The Review Commission has three members, 

appointed by the President and subject to Senate confirmation, who serve six-year terms. The 

principal (National) office of the Review Commission is located in Washington, DC. There 

are also regional offices in Atlanta and Denver, where additional Review Commission ALJs 

and staff are assigned. Both before its ALJs and the Review Commission members, the 

agency seeks to provide fair, impartial, and timely adjudication of cases concerning the 

safety and health of employees’ working conditions in the United States.

B. Vision

The Review Commission strives to be:

1. An adjudicative body that is—and is recognized for being—objective, fair, prompt, 

professional, and respected.

2. An agency that creates a body of law through its decisions that defines and clarifies the 

rights and responsibilities of employers and employees under the Act.

3. A model federal agency with highly effective processes, a highly motivated, qualified,

and diverse workforce, and modern information management, communications, and 

administrative systems.

4. An agency that values teamwork, develops its employees, and strives to improve its 

performance, service, and value to the American people.

C. Values

The Review Commission serves as an administrative court at the hearing and appellate 

levels, and its core principles include:
2

1. Respect for the rule of law, including due process and fidelity to the agency’s mission.

2. Issuance of quality decisions at both levels of Review Commission adjudication.

3. Professionalism, collegiality, and mutual respect among Commissioners, ALJs, and 

staff.

4. The highest ethical standards and integrity in all the agency does.

5. Advancement of diversity, equity, inclusion, and accessibility.

6. Teamwork and collaboration, as befits a collegial adjudicatory body.

7. Consistency with due process requirements, openness, transparency, and stakeholder 

engagement.

8. Responsible stewardship of federal resources entrusted to the agency.

9. Investing in and valuing the agency’s human capital. 

II. STRATEGIC GOALS

The Review Commission’s strategic plan focuses on four goals:

1. Promptly and fairly resolving the cases before it, including reducing the average age of 

all pending cases.

2. To the extent consistent with the agency’s statutory authority and responsibilities, and 

consistent with due process requirements, seeking to enhance the transparency of its 

operations; 

3. Promoting diversity, equity, inclusion, accessibility, and organizational excellence, 

including a culture of professionalism, mutual respect, and organizational pride, and 

ensuring that staff members are adequately trained and developed; and

4. Managing agency resources in a manner that instills public trust, including using 

information and technology to monitor, evaluate, and improve programs and processes in 

order to better accomplish the agency’s mission.

The Review Commission has set measurable, outcome-oriented objectives that advance the 

agency’s ability to meet its strategic goals. The agency’s strategic objectives, measures, and 

targets will be included in its annual performance plans and budget requests. The Review 

Commission has established strategic objectives to assist in achieving its strategic goals as 

summarized below:
3

Strategic Goal #1 – Respect for the Rule of 

Law

Promptly and fairly resolving the cases before 

it, including reducing the average age of all

pending cases.

Strategic Objectives1

1. Resolve all priority cases at the agency in a 

timely manner.2

2. Develop and implement case management 

practices that will minimize the average 

age of all pending Commission reviewlevel cases.

3. Develop and implement case management 

practices that will minimize the average 

age of all pending ALJ-level cases.

4. Ensure that a significant proportion of both 

complex and non-complex cases at the ALJ 

level are resolved within one year to 20 

months from docketing.3

5. Ensure that the average age of all 

Commission review-level cases is no 

greater than 18 months from direction for 

review.

4

6. Ensure that no more than 20 percent of 

Commission review-level cases are older 

than two years and ensure that no cases are 

older than three years from direction for 

review.

1

These objectives will not apply to cases that are stayed at the agency because criminal law investigations 

or prosecutions are being pursued. 

2

Priority cases include Federal Rule of Civil Procedure (FRCP) 60(b) cases, Commission Rule (CR) 

101(a) defaults, court remands, and interlocutory reviews. However, some FRCP 60(b) and CR 101(a) 

cases – those with significant threshold issues, for instance – are not treated as priority cases because of 

the complexity of those issues. Also, where the parties have indicated intent to settle a priority case, the 

time frame will be tolled.

3

Complex cases have one or more of the following characteristics: various intricacies of the law; more 

than two parties; violations characterized as willful and/or repeat; high volume of documents, including 

transcripts; large number of witnesses (including expert witnesses in such fields as engineering, 

architecture, construction, soil, physics, epidemiology, pathology, neurology, and infectious diseases); 

multiple days of hearing; high number of alleged violations, citation items (including distinct and separate 

items), and affirmative defenses; technical, difficult or new standards raised; novel issues or issues of first 

impression; or extensive pre-trial discovery. 4

External factors, such as lack of a quorum or recusal of a Commissioner, may adversely affect the 

Review Commission’s ability to meet these goals. See additional “External Factors” on page 13.
4

Strategic Goal #2 – Expanding Transparency 

and Accessibility

To the extent consistent with the agency’s 

statutory authority and responsibilities, and 

consistent with due process requirements, 

seeking to enhance the transparency of its 

operations.

Strategic Objectives

1. Ensure that the agency’s website provides 

equitable access to all users and serves as a 

useful repository for information about the 

agency and its adjudicatory activities.

2. Broaden the agency’s outreach activities to 

the regulated community.

3. Ensure that the agency’s electronic filing (efiling) system provides equitable access to 

all users.

Strategic Goal #3 – Promoting Equity and 

Organizational Excellence

Promoting diversity, equity, inclusion, 

accessibility, and organizational excellence, 

including a culture of professionalism, mutual 

respect, and organizational pride, and ensuring 

that staff members are adequately trained.

Strategic Objectives

1. Recruit, invest in, and value all employees 

through professional development, 

workplace flexibilities, fair treatment, and 

recognition.

2. Provide training for all agency personnel, 

including ALJs and Commission members,

on diversity, equity, inclusion, and 

accessibility considerations in the workplace 

and in interacting with and serving the 

public.

3. Ensure that all agency personnel are aware of 

the agency’s mission and how they 

contribute to its accomplishments.

4. Provide training opportunities to all agency 

personnel, including ALJs and Commission 

members. In particular, provide training to 

all attorneys and support staff in order to 

enhance their capabilities on technical and 

legal issues, legal writing, ethics, and 

technology and case management.

5. Integrate knowledge management processes 

into a plan to capture, share, and generate 

knowledge that establishes a unified network 

of personnel, processes, and technology to 

enhance all aspects of essential agency 

operations.
5

Strategic Goal #4 – Managing Agency 

Resources in a Manner that Instills Public 

Trust

Managing agency resources in a manner that 

instills public trust, including using information 

and technology to monitor, evaluate, and 

improve programs and processes in order to 

better accomplish the agency’s mission.

Strategic Objectives

1. Develop and present an annual budget and 

performance plan that clearly establishes

how the agency will accomplish 

government-wide management priorities, 

agency-wide goals, and organizational goals.

2. Improve technology infrastructure through

efficiencies and investments (e.g., training, 

equipment, services) to support the effective 

use of broadband, cyber security, and energy 

efficiency.

3. Maintain and enhance secure electronic 

information systems for case management, 

legal research, public access to data through 

the internet, and continuity of the agency’s 

operations at all times.

4. Conduct all internal and external agency 

business in an ethical and timely manner.

III. STRATEGIC OBJECTIVES

The Review Commission’s strategies for achieving its public service goals are outlined below:

A. Commission review-level

1. Focus on reducing the average age of the oldest pending cases and of all pending 

cases, with the immediate aim of developing and implementing improvements in case 

management. 

2. Expedite the disposition of priority cases that are designated as requiring rapid action 

(e.g., court remands, interlocutory reviews, and certain FRCP 60(b) cases), such that 

they are disposed of within six months of designation. 

3. Expand knowledge management and research tools to accelerate the preparation of 

cases and issuance of decisions. 

4. Identify and provide training opportunities to all agency attorneys and support staff 

that will enhance their capabilities, such as training on technical and legal issues, 

legal writing, ethics, technology and case management, diversity, equity, inclusion, 

and accessibility considerations in the workplace and in interacting with and serving 

the public.
6

5. Use individual performance standards that support priorities in the Review 

Commission’s strategic and annual performance plans. 

6. Implement appropriate changes to the agency’s procedures to expedite case 

processing. 

B. ALJ Level 

1. Expedite the assignment of cases to ALJs. 

2. Use objective criteria to designate complex cases and track the processing of these 

cases. 

3. Closely monitor the management of cases and improve case management information 

systems and reports. 

4. Conduct early review and screening of potentially complex cases to expedite the 

disposition of such cases. 

5. Provide training to all ALJs on a variety of subjects, including technical and legal 

issues, legal writing, case management, and ADR to help them develop services and 

processes equal to the very best in judicial arenas. In addition, provide ALJs and 

support staff with training on diversity, equity, inclusion, and accessibility 

considerations in the workplace and in interacting with and serving the public.

6. Continue to use a team of ALJs to handle, on a rotational basis, extremely complex 

cases and assign appropriate staff to timely process and monitor such cases, including 

settlement discussions.

At the ALJ level, this strategic plan includes separate, updated targets based on the 

complexity and type of the case (e.g., simplified, complex, settlement part, or conventional) 

that better reflect the Review Commission’s experience over recent years. Outcomes at the 

ALJ level have been impacted over time by an increase in the number of citations being 

contested and the resulting number of contests being docketed. While data over the past 

several years shows that the number of new cases may be stabilizing, until recently the 

agency’s inventory had been growing as it received more complex cases which required

significantly more of the ALJs’ time.

Up until FY 2020, the agency received a relatively steady number of contested cases. 

OSHA’s administrative policy implemented in FY 2011 and the increase in OSHA penalties 

required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 

led to an increase in the average proposed penalty for violations, as well as the contest rate. 

Consequently, in FY 2017, the Review Commission docketed 2,168 contested cases; 2,144 in 

FY 2018; and 2,017 in FY 2019. While the number of docketed cases decreased to 1,845 in 

FY 2020 and 1,365 in FY 2021, it is estimated that 2,000 contested cases will be docketed by 

the end of FY 2022.

The Review Commission attributes the decrease in the number of docketed cases for FY 

2020 to the circumstances created by the national emergency declared on March 13, 2020, 
7

due to the Coronavirus Disease 2019 (COVID-19) pandemic. This emergency created a 

situation for OSHA which is destined to affect the Review Commission’s workload. On 

March 12, 2021, OSHA issued a National Emphasis Program (NEP) to ensure that 

“employees in high-hazard industries are protected from the hazard of contracting [COVID19].” The NEP directs OSHA to target worksites that have workers with increased potential 

exposure to this health hazard. In addition, it directs OSHA to ensure that workers are 

protected from retaliation for raising safety and health concerns related to COVID-19. This 

increased enforcement effort requires that 5% of each OSHA region’s total inspections relate 

to COVID-19 (OSHA-wide this is approximately 1,600 total inspections). This rise in 

inspections is expected to elevate the number of contested cases docketed with the Review 

Commission and result in an increased workload. Additionally, OSHA has issued an 

emergency temporary standard (ETS) to address healthcare workers’ exposure to COVID-19, 

effective June 21, 2021. OSHA’s enforcement activity will likely increase due to the ETS, 

which will lead to more contested cases docketed with the Review Commission. If OSHA 

promulgates a permanent standard for the healthcare industry, or any other industry, the 

associated increase in enforcement activity will continue for a longer duration.

C. Executive Director Level 

1. Develop and present an annual budget and performance plan that clearly presents how 

the agency will accomplish government-wide management priorities, agency-wide 

goals, and organizational goals.

2. Provide greater public access to Review Commission activities, information, and 

decisions, including education and outreach for Limited English Proficiency (LEP)

individuals and posting procedural decisions and non-dispositive orders on the

agency’s website.

3. Create a culture that incorporates core values and provides a work environment that 

encourages diversity. Formulate workplace policies and programs that enable 

employees to excel, including special emphasis programs (e.g., People with 

Disabilities, Federal Women’s Program, Hispanic Employment Program), telework 

policies, family-friendly policies, and wellness programs.

4. Develop and implement recruitment strategies to ensure a highly qualified, diverse, 

and inclusive workforce.

5. Enhance employee development and learning opportunities by devoting available 

budgetary resources to staff training including courses on diversity, equity, inclusion, 

and accessibility considerations in the workplace and in interacting with and serving 

the public.

6. Streamline information technology (IT) operations, simplify day-to-day management 

and maintenance, and create a more stable operating environment by eliminating 

duplication, investing in standardized platforms, realizing cloud first opportunities, 

reducing locally housed servers, and minimizing storage and application sprawl.

7. Improve network/communications performance to ensure all personnel have seamless 

access to systems necessary to perform their work in a timely fashion.
8

8. Maintain an information security and privacy management program through 

acceptance and deployment of appropriate federally mandated guidelines and 

enforcing active policies. Ensure that Federal Information Security Modernization 

Act (FISMA) audits are performed annually.

9. Implement knowledge management practices to ensure that knowledge affecting 

essential agency programs and operations is captured, shared, and generated on a 

continuous basis.

IV. PERFORMANCE MEASURES AND TARGETS

The Review Commission will formulate performance measures for its strategic objectives. The 

performance measures will be identified in the annual performance budget. They will be used to 

determine the achievement of the strategic goals and objectives. These measures will be assessed 

using concrete and clearly observable outcomes based on the Review Commission’s annual 

performance plan.

The table below illustrates the relationships between the plan’s strategic objectives and the 

potential performance measures currently being considered for inclusion in the Review

Commission’s performance plan.

STRATEGIC 

OBJECTIVES

PERFORMANCE 

MEASURES FY 2026 TARGETS

Strategic Goal # 1 – Promptly and Fairly Resolving Cases

1. Resolve all priority cases 

at the agency in a timely 

manner.

Percent of priority cases 

disposed of within 6 months.

Dispose of 100 percent of all 

priority cases within 6 months 

of designation.

2. Develop and implement 

case management practices 

that will minimize the 

average age of all pending 

Commission review-level

cases.

Whether new case management 

practices have been developed 

and implemented.

Full implementation of new case 

management practices.

3. Develop and implement 

case management practices 

that will minimize the 

average age of all pending 

ALJ-level cases.

Whether new case management 

practices have been developed 

and implemented.

Full implementation of new case 

management practices.

4. Ensure that a significant 

proportion of both complex 

and non-complex cases at the 

ALJ level are resolved within 

-Percent of simplified cases 

disposed of within one year at 

the ALJ level.

-Dispose of 95 percent of 

simplified cases within one
9

STRATEGIC 

OBJECTIVES

PERFORMANCE 

MEASURES FY 2026 TARGETS

one year to 20 months from 

docketing.5

-Percent of non-complex 

conventional cases disposed of 

within 17 months at the ALJ 

level.

-Percent of settlement part cases 

disposed of within 19 months.

-Percent of complex cases 

disposed of within 20 months at 

the ALJ level.

year.

6

-Dispose of 95 percent of 

conventional cases within 17 

months.

-Dispose of 95 percent of 

settlement part cases within 19 

months.

-Dispose of 95 percent of 

complex cases within 20 

months.7

5. Ensure that the average 

age of all Commission

review-level cases is no 

greater than 18 months from 

direction for review.

Average age of all pending 

Commission review-level cases.

Average age of all pending 

Commission review-level cases

is no greater than 18 months.8

6. Ensure that no more than 

20 percent of Commission

review-level cases are older 

than two years and ensure 

that no cases are older than 

three years from direction for 

review.

Percentage of Commission 

review-level cases that are older 

than two years and percentage

of cases older than three years.

Ensure that no greater than 20 

percent of Commission reviewlevel cases are older than two 

years and that there are no cases 

older than three years.9

5 Except for mandatory settlement cases, which are assigned by the Chief Judge upon receipt from the 

Office of the Executive Secretary, judges are not assigned cases until initial pleadings have been filed. 

This assignment generally occurs approximately 60 days after the case has been docketed due to the 

parties’ frequent requests for extensions of time for filing initial pleadings.

6 For FYs 2022 and 2023, the target is to dispose of 90 percent of simplified cases within one year. 7 The FY 2022 target is to dispose of 85 percent of complex cases within 20 months. The FY 2023 target 

is to dispose of 90 percent of complex cases within 20 months. 8 For instance, for FY 2022, the target goal calculates the average age of a Commission review-level case 

based on: (1) cases that are docketed at the review level and decided during the time frame of October 1, 

2021 through September 30, 2022; and (2) the age of all cases pending on September 30, 2022. 9 For instance, for FY 2022, the target goal takes into account case production from October 1, 2021

through September 30, 2022, with the final percentage measured as of the end of the FY.
10

STRATEGIC 

OBJECTIVES

PERFORMANCE 

MEASURES FY 2026 TARGETS

Strategic Goal # 2 – Enhancing Transparency and Openness

1. Ensure that the agency’s 

website provides equitable 

access to all users and serves 

as a useful repository for 

information about the agency 

and its adjudicatory 

activities.

-Timeliness of postings to 

agency website.

-Perform annual vendorinitiated review of the agency’s 

webpage for compliance with 

Section 508 of the Americans 

with Disabilities Act.

-All material to be posted no 

later than 3 days after issuance.

-Conduct an annual audit of 

website’s compliance with 

Section 508 of the Americans

with Disabilities Act.

2. Broaden the agency’s 

outreach activities to the 

regulated community.

-Participation in professional 

conferences and meetings and 

strategic engagement with the 

regulated community.

-Expand electronic notification 

services information for internal 

and external users.

-Increased participation in at 

least two activities or meetings 

that promote strategic 

engagement to disseminate 

information including trends and 

services (e.g., LEP) provided by 

the agency.

-Use additional social media 

outlets to notify and engage with 

internal and external users.

3. Ensure that the agency’s 

electronic filing (e-filing)

system provides equitable 

access to all users.

Monitor monthly maintenance 

activities performed by 

application host.

Conduct annual audit of the 

e-filing system’s compliance

with Section 508 of the 

Americans with Disabilities Act.

Strategic Goal # 3 – Promoting Equity and Organizational Excellence

1. Recruit, invest in, and 

value all employees through 

professional development, 

workplace flexibilities, fair 

treatment, and recognition.

-Recruit, develop, and retain a 

highly motivated, talented, and 

diverse workforce to 

accomplish the agency’s

mission.

-Identify areas in which the 

agency can enhance diversity 

and talent through annual 

analysis of the MD-71510

guidance.

-Ensure that the agency’s 

performance management 

system(s) are aligned with its 

goals and objectives. Enhance 

employee development and 

learning opportunities by making 

budgetary resources available for 

staff training. 

-Annually review and/or update 

agency directives pertaining to 

workplace flexibilities (e.g., 

hours of work, telework).

10 Equal Employment Opportunity (EEO) Management Directive 715 – Reporting Requirement for 

Federal Agencies.
11

STRATEGIC 

OBJECTIVES

PERFORMANCE 

MEASURES FY 2026 TARGETS

-Attract qualified and diverse 

candidates, including veterans 

and persons with disabilities, by 

engaging with equal employment 

advocacy organizations.

2. Provide training for all 

agency personnel, including 

ALJs and Commission 

members, on diversity, 

equity, inclusion, and 

accessibility considerations 

in the workplace and in 

interacting with and serving 

the public.

Develop, review, and update 

training materials to educate 

staff on diversity, equity, 

inclusion, and accessibility 

considerations both in the 

workplace and while interacting 

with and serving the public.

Annual training for all staff to 

advance diversity, equity, 

inclusion, and accessibility.

3. Ensure that all agency 

personnel are aware of the 

agency’s mission and how 

they contribute to its 

accomplishments.

Communicate significant 

organizational accomplishments 

with staff.

-Enhance the agency’s 

orientation program for new 

employees.

-Ensure that each employee is 

provided with an annual 

performance plan that outlines 

management’s goals and 

expectations.

4. Provide training 

opportunities to all agency 

personnel, including ALJs

and Commission members. 

In particular, provide training 

to all attorneys and support 

staff in order to enhance their 

capabilities on technical and 

legal issues, legal writing, 

ethics, and technology and 

case management.

Increased opportunities for 

attendance and participation in 

training, internal and/or 

external, for ALJs and all 

attorneys and support staff.

Attendance and participation by 

ALJs and attorneys and support 

staff, at no less than one training 

opportunity annually, internal 

and/or external, depending on 

budget constraints.

5. Integrate knowledge 

management processes into a 

plan to capture, share, and 

generate knowledge that

-Conduct periodic knowledge

management audits to identify 

sources of knowledge and “at 

risk” knowledge gaps.11

-Knowledge gaps in essential 

agency programs are identified 

and addressed through an ongoing annual evaluation. 

11 Areas identified as potential “at risk” knowledge gaps include programs and functions where a subject 

matter expert is eligible to leave the Agency (through retirement or career transition) in one to three years 

and no backup expert has been identified to assume the duties and responsibilities vacated. 
12

STRATEGIC 

OBJECTIVES

PERFORMANCE 

MEASURES FY 2026 TARGETS

establishes a unified network 

of personnel, processes, and 

technology to enhance all 

aspects of essential agency 

operations.

-Tailor IT infrastructure to 

support the effortless sharing 

and transfer of knowledge.

-Degree to which best practices 

and lessons learned are 

integrated into the performance 

management system.

-Annual audit to ensure that 

technology is aligned with the 

needs of the agency’s personnel

and processes. 

-Use of the performance 

planning process to reflect the 

value of rewarding employees 

for creating, using, and sharing 

knowledge.

Strategic Goal #4 – Managing Agency Resources in a Manner that Instills Public Trust

1. Develop and present an 

annual budget and 

performance plan that clearly 

establishes how the 

organization will accomplish 

government-wide 

management priorities, 

agency-wide goals, and 

organizational goals.

System that links resources to 

specific activities that support 

measurable programmatic 

outcomes and objectives.

Implementation of a 

measurement system to assess 

and report on progress of 

financial management 

improvements and budget 

integration management reforms.

2. Improve technology 

infrastructure through 

efficiencies and investments 

(e.g., training, equipment, 

services) to support the 

effective use of broadband, 

cyber security, and energy 

efficiency.

-Streamline operations and 

infrastructure to eliminate 

duplication; minimize servers, 

storage, and application sprawl.

-Consolidation of technological 

services and move from an “on 

premise” infrastructure to a 

modern “cloud” based system to 

promote efficiencies in systems 

management, remote 

accessibility, continuity of 

operations, and budget savings.

-Maintain standardized 

platforms, including hardware 

and software.

-Partner with Federal agencies 

that monitor network traffic and 

isolate potential risks.

-Reduce physical servers through 

virtualization.

-Reduce the number of operating 

systems in use by consolidation 

and translocation of physical 

servers.

-Review and evaluate bandwidth 

utilization to accommodate an 

expected need for additional 

resources as a result of cloud 

computing.

-Report annual compliance with 

applicable executive orders

and/or binding operational 

directives.
13

STRATEGIC 

OBJECTIVES

PERFORMANCE 

MEASURES FY 2026 TARGETS

3. Maintain and enhance 

secure electronic information 

systems for case 

management, legal research, 

public access to data through 

the internet, and continuity of 

the agency’s operations at all 

times.

Conduct periodic audits of 

information systems to verify 

systems availability are at 

acceptable levels.

-Improve network 

communications to ensure 

stakeholders can access 

necessary information without 

delay.

-Maintain hardware platforms at 

supportable levels.

4. Conduct all internal and 

external agency business in 

an ethical and timely manner.

Promote an ethical culture 

within the agency through 

leadership, awareness, 

resources, and oversight.

Increase employee awareness of 

ethics responsibilities by 

conducting virtual or in-person 

agency-wide training. Respond 

to 90 percent of ethics inquiries 

within two weeks of receipt.

V. EXTERNAL FACTORS 

Various factors can affect each strategic goal, objective, and performance measure contained in 

the Review Commission’s strategic plan. These factors include OSHA enforcement, Review 

Commission membership, the nature of cases at the Commission and ALJ levels, increases in the 

number of citations being contested and the resulting number of contests being docketed at the 

ALJ level, the potential effect of legislative and regulatory changes, and budget. The impact of 

the COVID-19 pandemic on courtroom availability and travel can also affect each goal, 

objective, and performance measure.

A. OSHA Enforcement

The factors which most influence the agency’s workload, and hence its strategies, are the 

number of safety and health inspections carried out by OSHA each year, the nature of those 

inspections, and the number and characterization of violations and total penalties proposed 

by OSHA in each citation, all of which have historically been associated with increases in the 

contest rate and total number of contested citations. There has been an increase in recent 

years in the level of proposed penalties, contest rate, the total number of contested cases, and 

the number of complex cases. Complex cases typically have longer and more costly hearings.

Consequently, the overall workload has increased both at the ALJ level and Commission

review-level.

However, as discussed previously, there was a decrease in the number of docketed cases in 

FY 2020 due to the circumstances created by the COVID-19 pandemic. This emergency 

created a situation for OSHA which is destined to affect the Review Commission’s workload. 

On March 12, 2021, OSHA issued a NEP to ensure that “employees in high-hazard industries 

are protected from the hazard of contracting [COVID-19].” The NEP directs OSHA to target 

worksites that have workers with increased potential exposure to this health hazard. In 
14

addition, it directs OSHA to ensure that workers are protected from retaliation for raising 

safety and health concerns related to COVID-19. This increased enforcement effort requires 

that 5% of each OSHA region’s total inspections relate to COVID-19 (OSHA-wide this is 

approximately 1,600 total inspections). This rise in inspections is expected to elevate the 

number of contested cases docketed with the Review Commission and result in an increased 

workload in the coming years. Additionally, OSHA has issued an emergency temporary 

standard (ETS) to address healthcare workers’ exposure to COVID-19, effective June 21, 

2021. OSHA’s enforcement activity will likely increase due to the ETS, which will lead to 

more contested cases docketed with the Review Commission. If OSHA promulgates a 

permanent standard for the healthcare industry, or any other industry, the associated increase 

in enforcement activity will continue for a longer duration.

B. Review Commission Membership

Achieving the strategic plan’s goals depends on the number of sitting Commissioners, as 

Review Commission member vacancies directly affect the agency’s performance at the 

Commission review-level. The Act requires the affirmative votes of two Commissioners to 

decide a pending case. During periods when the Review Commission lacks the statutory 

quorum of two Commissioners, no cases can be decided, although one Commissioner can 

direct a case for review. Moreover, with only two sitting Commissioners, it can be more 

difficult to reach an agreement sufficient to dispose of a pending case as both must agree on 

all of the issues in the matter. During the five-year period, FY 2017 through FY 2021, the 

Review Commission operated without a third Commissioner 31 percent of the time.

12 With 

fewer than three members, deadlocks on votes may result (i.e., impasses), action on 

important issues may be postponed, and action on pending cases may be delayed. In addition, 

a large and/or complex case has a greater likelihood of impasse with only two 

Commissioners. Furthermore, an individual Commissioner may be recused from a specific 

case, with the result that action on such a case is impossible with only two sitting 

Commissioners.

This strategic plan assumes that all three Commissioner positions will be filled. With a full 

complement of Commissioners on board, the Review Commission is optimistic that it can 

meet its strategic plan goals set forth for decision-making at the review-level. To the extent 

that the agency operates with less than a full complement of Commissioners, achieving those

goals will be more difficult.

C. Nature of Cases at the Commission review-level

The Review Commission’s goal is to manage its docket so as to minimize the average age of 

all pending cases as well as the average age of the oldest cases. However, the increasing 

complexity of the cases at the ALJ level may result in a higher percentage of cases being 

petitioned for review.

D. Nature of Cases at the ALJ Level

There are also a variety of factors that could affect the Review Commission’s ability to meet 

its goals at the ALJ level. These include: (1) the magnitude and nature of the cases received, 

12The Commission operated with one Commissioner during the period of April 28, 2019, through January 

16, 2020, which is 264 days.
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(2) the success of Simplified Proceedings and Mandatory Settlement procedures in reducing 

the length, complexity, or number of hearings needed, (3) the number, length, and 

complexity of hearings held, (4) potential issues related to obtaining courtroom space and 

travel concerns due to the COVID-19 pandemic, and (5) potential higher employer contest 

rates of COVID-related cases. Due to an anticipated increase in citations being issued by 

OSHA for COVID-related cases, higher employer contest rates are expected. The impact of 

these changes can significantly affect case numbers, caseload management, as well as the 

progression of cases at the ALJ level. The impact of these changes and trends will continue 

to be closely monitored.

E. Legislative and Regulatory Changes

Regulatory changes by OSHA or statutory changes in the Act could potentially affect the 

Review Commission’s ability to meet the goals of this plan.

F. Budget

The agency’s goals and measures assume full funding of the Review Commission’s budget 

as submitted by the President to Congress. As a labor-intensive agency, over 90 percent of 

the agency’s budget is dedicated to fixed costs, including about 75 percent for salaries and 

benefits. If less than the full funding requested is authorized, the agency’s ability to produce 

the results and benefits set forth in this plan will be limited.

G. Additional Factors

Additional factors may affect the Review Commission’s ability to meet its strategic plan 

goals such as the ability to recruit and retain qualified personnel for this specialized area of 

occupational safety and health law.

VI. CONSULTATION PLANNING PROCESS

In developing this plan, the agency relied on an analysis of case processing procedures, case 

processing statistics from its case tracking system, the FY 2017 through FY 2020 performance 

report, and the agency’s internal progress reports for the FY 2019 and FY 2020 performance 

plan. The agency also reviewed plans of other federal adjudicative agencies during the drafting 

stage.

The Review Commission will submit copies of the updated plan to Congressional committees, 

post the plan on its website, and distribute the plan to the trade press, trade associations, labor 

unions, the OSHA Bar, and the DOL.

VII. PROGRAM EVALUATION

Over the next several years, the Review Commission will continue conducting evaluations to

provide the agency with information to improve its operations, processes, and procedures. The 

program evaluations required under GPRA will be included in each of the annual performance 

budgets. The agency’s evaluation schedule is noted below:

 Evaluate and monitor the electronic filing of legal documents.
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 Evaluate the security of IT systems and security management measures through the 

annual FISMA audit.

 Review data circuit performance and provide remediation in response to expected 

increase in usage of cloud-based technologies.

 Evaluate agency procedures governing budget and finance, procurement, human 

resources, and time and attendance as part of the administrative oversight audit. 

 Coordinate and schedule audit of the agency’s EEO program (e.g., reporting, complaint 

processing, and education and outreach).