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Seyfarth Synopsis: Newly-confirmed member on Occupational Safety and Health Review Commission offers hope for eventual resolutions of pending cases.
On October 10, 2025, the Senate confirmed Jonathan L. Snare to serve as a Commissioner of the Occupational Safety and Health Review Commission (OSHRC), filling one of the long-vacant seats on the three-member appellate panel for federal OSHA cases. His term extends through April 27, 2029.
Background
The Occupational Safety and Health Review Commission (OSHRC) is the independent administrative agency that provides appellate-style review for matters arising from OSHA enforcement actions. For much of the past year, the three-member Commission has lacked a quorum of two commissioners, leaving review of dozens of administrative law judge (ALJ) decisions pending and delaying final resolution of contested citations. Snare's confirmation begins to restore OSHRC's ability to function, although at least one additional commissioner must be confirmed before the Commission can issue decisions.
Experience and Perspective
Snare has more than two decades of experience in labor and employment law at an employer side law firm, and previously served in several senior roles at the Department of Labor, including Acting Assistant Secretary of OSHA and Deputy Solicitor of Labor. His experience suggests he will have an understanding of perspectives from both the Department of Labor and employers, including the practical effects that OSHRC decisions can have on industry. This deep level of understanding will be invaluable in helping to formulate decisions once a quorum is reached.
Implications
With Snare's appointment, employers, employees, and OSHA may see progress towards resolution on the backlog of cases awaiting Commission review, hopefully to the benefit of the regulated community. A functioning OSHRC provides a critical check on agency enforcement and ensures that contested matters are resolved consistent with statutory requirements and constitutional principles, such as due process protections afforded to employers during an inspection. The next key step will be the confirmation of an additional commissioner (or two) to reestablish a quorum and restore the Commission's full adjudicative authority.
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