The Occupational Safety and Health Review Commission (OSHRC) — the federal agency responsible for reviewing disputes over workplace safety violations — has been operating without any commissioners for more than five months, leaving dozens of worker-safety cases unresolved and enforcement effectively stalled.
The three-member commission, which operates independently from both the Occupational Safety and Health Administration (OSHA) and the Department of Labor, plays a crucial role in adjudicating appeals from businesses that challenge OSHA citations and fines. But since the last sitting commissioner retired in April, the panel has been completely vacant, creating a bottleneck that labor advocates say undermines worker protection nationwide.
Backlog and Delays Stretching Back Years
The commission’s absence of leadership has deepened a backlog that has been growing for years. According to Investigate Midwest, 31 cases are currently awaiting commission review — some dating as far back as 2017.
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Under normal procedure, contested safety cases go through two stages. First, one of OSHRC’s 12 administrative law judges reviews the appeal. If the company disputes the judge’s findings, the commission itself issues a final ruling. Without commissioners, that second step is impossible, effectively freezing cases in limbo.
“When a case is under review, businesses aren’t legally required to make safety improvements or pay fines,” the report found. “That delay can have deadly consequences.”
Data analyzed by Investigate Midwest shows that since 2015, the average review time for OSHA-related appeals has increased from less than 18 months to over two years, even as the number of total cases dropped by more than half.
A commission spokesperson confirmed the agency currently lacks a quorum but insisted that “the work of the commission’s judges is not directly impacted.” Still, without final review authority, even judges’ completed cases remain unresolved.
Vacancies and Political Gridlock
The commission’s leadership crisis has been years in the making. It has not had a full three-member panel since 2021. The Biden administration nominated two commissioners, but both appointments were withdrawn from Senate consideration in late 2024 when Congress adjourned.
In March 2025, President Donald Trump nominated Jonathon Snare — currently the Deputy Solicitor at the Labor Department — to the commission. Snare previously worked for OSHA and the Labor Department during the George W. Bush administration before joining the private law firm Morgan Lewis & Bockius in Washington, D.C.
However, the Senate’s Health, Education, Labor, and Pensions (HELP) Committee, led by Sen. Bill Cassidy (R-La.) and Sen. Bernie Sanders (I-Vt.), has yet to schedule a confirmation hearing. Neither senator responded to requests for comment about the delay.
Impact on Workers and Enforcement
The leadership vacuum has real-world consequences for workplace safety. During fiscal year 2024, OSHRC did not review a single case, according to the March investigation. Among the stalled appeals are two fatality cases from a Georgia poultry processing facility — including the death of a 16-year-old Guatemalan immigrant who was too young to legally work there.
Labor advocates say that without commissioners to resolve disputes, companies can indefinitely delay accountability.
“Without a functioning commission, the system is being weaponized to escape responsibility,” said Milton Jones, president of the United Food and Commercial Workers International Union. “When cases aren’t heard, workers die. This failure leaves workers across the country in danger.”
The prolonged vacancies have also left OSHA’s enforcement power weakened. Without the threat of timely review or upheld penalties, companies facing citations may feel less urgency to fix safety violations or improve conditions.
An Uncertain Path Forward
Until new commissioners are confirmed, OSHRC remains paralyzed. Legal experts warn that the growing backlog could take years to resolve even after the commission is restored to full capacity.
“The absence of commissioners isn’t just a bureaucratic issue — it’s a worker-safety crisis,” said one former Labor Department attorney. “Every day those cases sit unreviewed, lives are at risk.”
For now, the country’s top workplace safety review body exists only in name — silent, empty, and powerless to act as the backlog of justice grows.
