Dispute Resolution in the Administrative Process: 

Evaluation of the Occupational Safety and Health Review Commission 

Settlement Part Program

Supplemental Report on All Survey Responses [Type the document subtitle]
1

Which	of	the	following	best	describes	your	role	in	your most	Settlement	Part	case ?

Answer Response %

Rep.	of	Employer- non	attorney 8 11%

Rep	of	Employer- attorney 37 49%

Solicitor	for	DOL 19 25%

Authorized	Employee	

Representative	(Union) 8 11%

Attorney	for	Authorized	

Employee	Representative 3 4%

What	OSHRC	Programs	have	you	participated	in?

Answer Response %

Simplified	Proceedings 31 41%

Conventional	Case	through	

Mandatory	Settlement 65 87%

Conventional	case	Resolved	

with	a	Trial 31 41%

Conventional	Case	

Resolved	without	a	Trial 47 63%

How	many	times	have	you	participated	in	Simplified	Proceedings	(formerly	called	EZ	Trial) ?

Answer Response %

zero	times 44 59%

one	time 9 12%

2-5	times 9 12%

more	than	5	times 12 16%

Total 74 100%

Settlement Part Survey Responses
2

How	many	times	have	you	participated	in	an	OSHRC	Conventional	Case	settled	through	Mandatory

Settlement Part?

Answer Response %

zero	times 10 14%

one	time 28 39%

2-5	times 21 29%

more	than	5	times 13 18%

Total 72 100%

How	many	times	have	you	participated	in	an	OSHRC	Conventional	Case	resolved	with	a	Trial?

Answer Response %

zero	times 42 57%

one	time 8 11%

2-5	times 13 18%

more	than	5	times 11 15%

Total 74 100%

How	many	times	have	you	participated	in	an	OSHRC	Conventional	Case	resolved	without	a	Trial?

Answer Response %

zero	times 28 38%

one	time 7 9%

2-5	times 9 12%

more	than	5	times 30 41%

Total 74 100%
3

Please	describe	your	most	recent	case	at	Settlement	Part

Answer Response %

Disagreement	that	

OSHA	violation(s)	

actually	occurred

57 84%

Dispute	about the	

fine	amounts 49 72%

Dispute	about	the	

abatement	period 9 13%

Dispute	about	

OSHA's	

characterization	of	

the	violations	as	

willful,	repeat,	or	

serious

49 72%

Other 7 10%

Other

NFPA	Standard	- Application

severe	violator	enforcement program

OSHA	Justification,	Arbitrary	Enforcement

My	client	had	bought	the	business	in	question	after	the	violations	had	occurred,	thus	contended	there	

was	no	liability.

Claimed	OSHA	was	citing	twice	for	same	violation	because	no	notice	was	given	of	first	violation	before	

citing	same	violations	as	a	2nd	violation.

misconduct	defense

We	did	not	employ	the	injured.
4

Did	you	have	a	settlement	conference	on	your	recent	case	where	you	appeared	in-person	before	a	

settlement	judge?

Answer Response %

No,	I	did	not	have	settlement	

conference	where	I	appeared	in	

person

22 30%

I	appeared	1	time	in	person	with	

the	settlement	judge	for	a	

settlement	conference

34 46%

I	appeared	2-5	times	in	person	

with	the	settlement	judge	for	a	

settlement	conference

15 20%

I	appeared	more	than	5	times	

with	the	settlement	judge	for	a	

settlement	conference

3 4%

About	how	many	times	did	you	communicate	with	the	judge	during	the	settlement	process?

Answer Response %

never 5 7%

only	one 21 30%

2-5	times 39 55%

more	than	5	times 6 8%

Total 71 100%
5

At	what	point	was	your	case	resolved?	(If	you	had	more	than	one	case	over	the	past	year,	please	focus	

on	your	most	recent	case).

Answer Response %

Prior	to	a	settlement	conference 15 21%

After	the	conclusion	of	a	

settlement	conference	but	before	

a	trial	was	scheduled

29 40%

After	the	conclusion	of	the	

settlement	conference,	after	a	

trial	was	scheduled,	but	before	the	

start	of	a	trial.

28 38%

During	the	course	of	a	trial	on	the	

merits. 0 0%

After	a	trial	on	the	merits. 1 1%

Total 73 100%

Do	you	think	your	case	should	have	resolved	sooner	than	it	did?

Answer Response %

No 42 59%

Yes 30 42%
6

Yes

Ye

*Comments	of	Respondents	are	summarized	and	redacted	to	maintain	confidentiality.	

.......		We	probably	could	have	reached	the	same	settlement	weeks	before	the	conference.

Would	like	the	.......	to	address	the	safety	issues	as	opposed	to	arguing	classifications.

Workers	are	left	exposed	to	uncorrected	hazards	until	the	case	gets	settled.		This	is	problem	with	the	

law.		ALJ's	need	to	keep	this	in	mind	and	how	to	improve	the	programs	overall	......

The	case	involved	extremely	complex	issues	that	would	have	required	lengthy	discussions	prior	to	

serious	resolution.

The	delay	in	settlement	was	due	to	the	OSHA	.........,	not	the	OSHRC

[OSHA]	..........	not	cooperative	in	settling	the	case.

Yes	and	no.		Conference	was	earlier	in	the	process	than	I	would	have	liked,	but	settlement	judge	needed	

better	training	in	ADR	techniques	(see	15).		

The	bigger	the	case,	the	more	discovery	needed	prior	to	mandatory	settlement.		Otherwise,	OSHA	holds	

all	the	cards.

delays	from	OSHA	........

dragged	on	because	OSHA	not	responsive

The	case	should	have	settled	during	the	mandatory	settlement	conference......

OSHA	has	changed	from	trying	to	help	a	company	become	a	safer	place	to	work, instead	they	are	fining	

companies	to	be	a	source	of	income	for	the	government.

OSHA	was	unreasonable	........

Difficulties	with	....... counsel

Inability	of	the	OSHA........ to	schedule	an	informal	conference	or	consider	the	........ settlement	offer of....
7

In	your	opinion,	is	the	time	at	which	any	in-person	settlement	conference	occurs	within	the	life	of	a	

case:

Answer Response %

too	early 1 1%

a	little	early 5 7%

just	right 40 59%

a	little	late 11 16%

too	late 0 0%

not	applicable	to	my	

experience 11 16%

Total 68 100%

In	your	opinion,	does	the	information	exchange	in	advance	of	any	in-person	settlement	conference	

begin:

Answer Response %

too	early 2 3%

a	little	early 3 4%

just	right 38 53%

a	little	late 16 22%

too	late 2 3%

not	applicable	to	my	

experience 11 15%

Total 72 100%
8

In	your	opinion,	does	information	exchange	(discovery)	during	in-person	settlement	conference	

begin:

Answer Response %

too	early 2 3%

a	little	early 1 1%

just	right 31 42%

a	little	late 15 20%

too	late 3 4%

not	applicable	to	my	experience 22 30%

Total 74 100%
9

The	following	questions	focus	on	your	satisfaction	with	various	aspects	of	OSHRC's	Settlement	Part	

Program.	If	you	have	more	than	one	previous	case	before	OSHRC,	please	focus	on	your	most	recent	

case	in	your	responses.

Question Very	

Satisfied

Satisfied Neutral Dissatisfied Very	

Dissatisfied

Mean

How	satisfied	

were	you	with	

the	level	of	

control	you	had	

over	the	process?

19 36 9 8 3 75 2.20

How	satisfied	

were	you	with	

the	fairness	of	

the	process?

16 39 11 8 1 75 2.19

How	satisfied	

were	you	with	

the	process	

overall?

12 44 10 8 1 75 2.23

Statistic How	satisfied	were	you	

with	the	level	of	control	

you	had	over	the	

process?

How	satisfied	were	you	

with	the	fairness	of	the	

process?

How	satisfied	were	you	

with	the	process	

overall?

Min	Value 1 1 1

Max	Value 5 5 5

Mean 2.20 2.19 2.23

Variance 1.14 0.88 0.80

Standard	Deviation 1.07 0.94 0.89

Total	Responses 75 75 75
10

Please	indicate	your	level	of	satisfaction	with	the	following:

Question Very	

Satisfied

Satisfied Neutral Dissatisfied Very	

Dissatisfied

Mean

How	satisfied	with	

the	level	of	respect	

with	which	you	were	

treated	during	the	

Settlement	Part	

processes?

31 38 4 0 2 75 1.72

How	satisfied	were	

you	with	the	

fairness	of	the	

Settlement	Part	

processes?

16 36 11 7 2 72 2.21

How	satisfied	were	

you	with	the	overall	

outcome	of	the	

case?

16 35 11 10 2 74 2.28
11

Statistic How	satisfied	with	the	

level	of	respect	with	

which	you	were	treated	

during	the	Settlement	

Part	processes?

How	satisfied	were	you	

with	the	fairness	of	the	

Settlement	Part	

processes?

How satisfied	were	you	

with	the	overall	

outcome	of	the	case?

Min	Value 1 1 1

Max	Value 5 5 5

Mean 1.72 2.21 2.28

Variance 0.64 0.98 1.08

Standard	Deviation 0.80 0.99 1.04

Total	Responses 75 72 74

Please	indicate	your	level	of	satisfaction with the	following	:

Question Very	

Satisfied

Satisfied Neutral Dissatisfied Very	

Dissatisfied

Mean

How	satisfied	

were	you	with	

the	length	of	

time	it	took	to	

resolve	the	case?

2 30 27 13 1 73 2.74

Statistic How	satisfied	were	you	with	the	length	of	time	it	

took	to	resolve	the	case?

Min	Value 1

Max	Value 5

Mean 2.74

Variance 0.70

Standard	Deviation 0.83

Total	Responses 73
12

Do	you	agree	or	disagree	with	the	following	statements:

Question Strongly	

Agree

Agree Neither	

Agree	nor	

Disagree

Disagree Strongly	

Disagree

Mean

OSHRC's	rules	of	

procedure	are	

easy	to	

understand.

10 53 6 5 1 75 2.12

I	think	the	

scheduling	of	

conferences,	

motions,	and	

other	matters	was	

prompt.

4 33 15 21 2 75 2.79

The	judge	should	

have	discretion	to	

suspend	discovery	

during	the	

settlement	

process.

15 36 17 4 3 75 2.25

The	amount	of	

information	

exchanged	in	the	

case	was	

appropriate	given	

the	facts/	nature	

of	the	case.

9 44 14 5 3 75 2.32

I	was	able	to	

participate	in	the	

process	fully	as	

needed.

15 47 11 1 1 75 2.01
13

Strongly	

Agree Agree

Neither	

Agree	nor	

Disagree

Disagreed Strongly	

Disagree Mean

This	case	probably	

would	not	have	

settled	without	

the	help	of	the	

judge.

14 25 21 13 1 74 2.49

I	think	this	case	

would	have	

required	more	

time	if	a	trial	on	

the	merits	was	

held.

20 18 18 18 0 74 2.46

I	would	have	

preferred	a	trial	

over	a	mandatory	

settlement	

conference.

4 10 25 26 9 74 3.35
14

Statistic OSHRC's	

rules	of	

procedu

re	are	

easy	to	

underst

and.

I	think	the	

scheduling	

of	

conferences

,	motions,	

and	other	

matters	was	

prompt.

The

judge	

should	

have	

discretio

n	to	

suspend	

discovery	

during	

the	

settleme

nt	

process.

The	

amount	

of	

informat

ion	

exchang

ed	in	the	

case	was	

appropri

ate	given	

the	

facts/	

nature	

of	the	

case.

I	was	

able	to	

participa

te	in	the	

process	

fully	as	

needed.

This	case	

probably	

would	

not	have	

settled	

without	

the	help	

of	the	

judge.

I	think	

this	case	

would	

have	

required	

more	

time	if	a	

trial	on	

the	

merits	

was	

held.

I	would	

have	

preferred	a	

trial	over	a	

mandatory	

settlement	

conference

Min	Value 1 1 1 1 1 1 1 1

Max	Value 5 5 5 5 5 5 4 5

Mean 2.12 2.79 2.25 2.32 2.01 2.49 2.46 3.35

Variance 0.59 1.01 0.95 0.84 0.53 1.08 1.29 1.08

Standard	

Deviation 0.77 1.00 0.97 0.92 0.73 1.04 1.14 1.04

Total	

Responses 75 75 75 75 75 74 74 74
15

Statistic OSHRC's	

rules	of	

procedure	

are	easy	to	

understand.

I	think	the	

scheduling	

of	

conferences	

and	other	

matters	was	

prompt.

The	amount	

of	

information	

exchanged	

in	the	case	

was	

appropriate	

given	the	

facts/	

nature	of	

the	case.

I	was	able	to	

adequately	

present	and	

defend	my	

position.

This	case	

probably	

would	have	

settled	

earlier	with	

the	help	of	

the	judge.

I	would	

have	

preferred	

engaging	in	

formal	

settlement	

processes	

before	a	

settlement	

judge.

Min	Value 1 1 1 1 1 1

Max	Value 4 4 4 4 5 5

Mean 2.03 1.82 1.91 1.74 2.73 2.79

Variance 0.65 0.52 0.50 0.44 1.31 1.06

Standard	

Deviation 0.80 0.72 0.71 0.66 1.14 1.03

Total	

Responses 66 66 68 68 66 68
16

Which	of	the	following	best	describes	your	role	in	your most	recent	Conventional	Case?

Answer Response %

Rep.	of	Employer- non	

attorney

6 9%

Rep	of	Employerattorney

40 59%

Solicitor	for	DOL 18 26%

Authorized	Employee	

Representative	(Union) 2 3%

Attorney	for	

Authorized	Employee	

Representative

0 0%

Other 2 3%

What	OSHRC	Programs	have	you	participated	in?

Answer Response %

Simplified	Proceedings 38 56%

Conventional	Case	

through	Mandatory	

Settlement

48 71%

Conventional	case	

Resolved	with	a	Trial 32 47%

Conventional	Case	

Resolved	without	a	Trial 48 71%

Conventional Proceedings Survey Responses
17

How	many	times	have	you	participated	in	Simplified	Proceedings	(formerly	called	EZ	Trial?)

Answer Response %

zero	times 30 45%

one	time 6 9%

2-5	times 10 15%

more	than	5	times 20 30%

Total 66 100%

How	many	times	have	you	participated	in	an	OSHRC	Conventional	Case	settled	through	Mandatory	

Settlement.

Answer Response %

zero	times 24 36%

one	time 8 12%

2-5 times 14 21%

more	than	5	times 20 30%

Total 66 100%

How	many	times	have	you	participated	in	an	OSHRC	Conventional	Case	resolved	with	a	Trial?

Answer Response %

zero	times 34 52%

one	time 4 6%

2-5	times 8 12%

more	than	5	times 20 30%

Total 66 100%
18

How	many	times	have	you	participated	in	an	OSHRC	Conventional	Case	resolved	without	a	Trial?

Answer Response %

zero	times 20 30%

one	time 8 12%

2-5	times 8 12%

more	than	5	times 30 45%

Total 66 100%

Please	describe	your	most	recent	Conventional	(Non-Simplified)	case.

Answer Response %

Disagreement	that	

OSHA	violation(s)	

actually	occurred

58 85%

Dispute	about	the	fine	

amounts

56 82%

Dispute	about	the	

abatement	period 26 38%

Dispute	about	OSHA's	

characterization	of	the	

violations	as	willful,	

repeat,	or	serious

54 79%

Other 6 9%

Other

dispute	about	jurisdiction

Dispute	regarding	SVEP	Designation

Employer	believe	he	was	unfairly	targeted	or	treated
19

About	how	many	times	did	you	communicate	orally	with	the	Judge	during	the	litigation	process	

before	trial?

Answer Response %

Never 14 21%

Only	1 2 3%

2	- 5 44 67%

more	than	5 6 9%

About	how	many	times	did	you	communicate	in	written	form	with	the	Judge	during	the	litigation	

process	before	trial?

Answer Response %

never 13 20%

only	one 13 20%

2-5	times 28 41%

more	than	5	times 12 18%

Total 66 100%

At	what	point	was	your	case	resolved?	(If	you	had	more	than	one	case	over	the	past	year,	please	focus	

on	your	most	recent	case).

Answer Response %

Before	a	trial	on	the	

merits	was	scheduled 36 55%

After	a	trial	on	the	

merits	was	scheduled,	

but	before	the	trial	

began

24 36%

During	the	course	of	

trial	on	the	merits 0 0%

After	a	trial	on	the	

merits 6 9%

Total 66 100%
20

Do	you	think	your	case	should	have	resolved	sooner	than	it	did?

Answer Response %

No 36 53%

Yes 33 47%
21

Yes

*Comments	of	Respondents	are	summarized	and	redacted	to	maintain	confidentiality.	

Comments	about	OSHA	

DOL	has	gotten	very	rigid	and	unreasonable	..........		Many	settlements	.....delayed	because	extra	

negotiation	has	been	required.

But	it	was	a	matter	of	process	and	"getting	to	'yes'........

[Citations]	never	should	have	been	issued	.........

Reluctance	to	consult	with	OSHA...... counsel	.....

OSHA	not	sympathetic	to	budgets	/	fast-paced	environment	of	start-up	business.

If	.......	had	been	more	responsive	in	settlement	negotiations	and	had	thoroughly	reviewed	the	

underlying	facts,	it	would	have	been	resolved	sooner.

The	OSHA	office	did	not	show	the	depth	of	knowledge	or	flexibility	that	the	attorney	for	OSHA	

demonstrated.

DOL	has	become	unbending	and	unreasonable

...Took	time	for	OSHA	to	come	around	and	realize	the	error	of	its	ways

OSHA	not	business-friendly

OSHA	delayed.......

Other	Comments	on	Why	Case	May/Should	Have	Resolved	Sooner

Given	major	disagreements	about	characterization	of	violations	..........,	it	was	unlikely	this	case	would	

settle	at	all

Settlement	was	a	long	shot	since	..........

Part	of	the	process	is	educational	........

The	case	was	assigned	to	the	Mandatory	Settlement	process	but........ [not	satisfied	with	the	way	it	was	

handled].......
22

Many	rescheduled	appointments	due	to	........

......and	should	have	resolved	at informal	conference

It	would	have	been	helpful	to	have	a	court-mandated	mediation.

I	thought	it	should	have	settled	after	OSHA	........meetings.

Most	employers	will	not	seriously	talk	settlement	until	a	trial	has	been	set	and	is	imminent.

Should	have	settled	at	informal	conference.

Negotiations	were	unnecessarily	prolonged.

OSHRC	delayed	.......

............. took	time	to	become	reasonable

Case	should	not	have	been	assigned	to	this	judge

Mediation	or	speedy	trial	would	have	worked	better

should	have	settled	much	earlier

....no	reason	to	settle	until	trial	is	imminent- a	flaw	in	the	process

ALJ	allowed	negotiations	to	drag	out	

.....exchange	of	relevant	facts	would	have	led	to	earlier	resolution
23

In	your	opinion,	does	information	exchange	(discovery)	in	advance	of	any	trial	begin:

Answer Response %

too	early 0 0%

a	little	early 4 6%

just	right 50 74%

a	little	late 4 6%

too	late 2 3%

not applicable	to	my	

experience 8 12%

Total 68 100%

In	your	opinion,	does	the	information	exchange	(discovery)	in	advance	of	any	trial	end:

Answer Response %

too	early 0 0%

a	little	early 12 18%

just	right 36 53%

a	little	late 8 12%

too	late 4 6%

not	applicable	to	my	

experience 8 12%

Total 68 100%
24

The	following	questions	focus	on	your	satisfaction	with	various	aspects	of	OSHRC's	Conventional	

process.	If	you	have	more	than	one	previous	case	before	OSHRC,	please	focus	on	your	most	recent	

case	in	your	responses.

Question Very	

Satisfied

Satisfied Neutral Dissatisfied Very	

Dissatisfied

Mean

How	satisfied	

were	you	with	

the	level	of	

control	you	

had	over	the	

process?

14 34 12 2 0 62 2.03

How	satisfied	

were	you	with	

the	fairness	of	

the	process?

24 30 8 4 0 66 1.88

How	satisfied	

were	you	with	

the	process	

overall?

18 36 8 2 0 64 1.91

Statistic How	satisfied	were	you	

with	the	level	of	control	

you	had	over	the	

process?

How	satisfied	were	you	

with	the	fairness	of	the	

process?

How	satisfied	were	you	

with	the	process	

overall?

Min	Value 1 1 1

Max	Value 4 4 4

Mean 2.03 1.88 1.91

Variance 0.56 0.72 0.53

Standard	Deviation 0.75 0.85 0.73

Total	Responses 62 66 64
25

Please	indicate	your	level	of	satisfaction	with	the	following:

Question Very	

Satisfied

Satisfied Neutral Dissatisfied Very	

Dissatisfied

Mean

How	satisfied	

with	the	level	of	

respect	with	

which	you	were	

treated	during	

the	Conventional	

processes?

36 24 2 4 0 66 1.61

How	satisfied	

were	you	with	

the	fairness	of	

the	outcome?

22 36 6 2 0 66 1.82

How	satisfied	

were	you	with	

the	overall	

outcome	of	the	

case?

22 30 12 2 0 66 1.91

Statistic How	satisfied	with	the	

level	of	respect	with	

which	you	were	treated	

during	the	Conventional	

processes?

How	satisfied	were	you

with	the	fairness	of	the	

outcome?

How	satisfied	were	you	

with	the	overall	

outcome	of	the	case?

Min	Value 1 1 1

Max	Value 4 4 4

Mean 1.61 1.82 1.91

Variance 0.67 0.52 0.64

Standard	Deviation 0.82 0.72 0.80

Total	Responses 66 66 66
26

Do	you	agree	or	disagree	with	the	following	statements?

Question Strongly	

Agree

Agree Neither	

Agree	nor	

Disagree

Disagree Strongly	

Disagree

Mean

OSHRC's	rules	of	procedure	

are	easy	to	understand. 16 36 10 4 0 66 2.03

I	think	the	scheduling	of	

conferences	and	other	

matters	was	prompt.

22 36 6 2 0 66 1.82

The	amount	of	information	

exchanged	in	the	case	was	

appropriate	given	the	facts/	

nature	of	the	case.

16 46 2 4 0 68 1.91

I	was	able	to	adequately	

present	and	defend	my	

position.

24 40 2 2 0 68 1.74

This	case	probably	would	

have	settled	earlier	with	the	

help	of	the	judge.

12 14 24 12 4 66 2.73
27

Strongly	

Agree Agree

Neither	

Agree	nor	

Disagree

Disagree Strongly	

Disagree Mean

I	would	have	preferred	

engaging	in	formal	

settlement	processes	before	

a	settlement	judge.

10 12 30 14 2 68 2.79

Statistic OSHRC's	

rules	of	

procedure	

are	easy	to	

understand.

I	think	the	

scheduling	

of	

conferences	

and	other	

matters	was	

prompt.

The	amount	

of	

information	

exchanged	

in	the	case	

was	

appropriate	

given	the	

facts/	

nature	of	

the	case.

I	was	able	to	

adequately	

present	and	

defend	my	

position.

This	case	

probably	

would	have	

settled	

earlier	with	

the	help	of	

the	judge.

I	would	

have	

preferred	

engaging	in	

formal	

settlement	

processes	

before	a	

settlement	

judge.

Min	Value 1 1 1 1 1 1

Max	Value 4 4 4 4 5 5

Mean 2.03 1.82 1.91 1.74 2.73 2.79

Variance 0.65 0.52 0.50 0.44 1.31 1.06

Standard	

Deviation 0.80 0.72 0.71 0.66 1.14 1.03

Total	

Responses 66 66 68 68 66 68