US 10th, OSHA ALJ Upheld if Commission Deadlocks

The United States Court of Appeals for the 10th Circuit last week ruled that where discretionary review by the Occupational Safety and Health Review Commission of an Administrative Law Judge's ruling on an OSHA violation, ends in stalemate the standard for review is substantial evidence so long as the ALJ's decision was not arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with the law. In Safeway, Inc. v. Occupational Safety & Health Review (09/08/04 - No. 03-9546) an employee was injured when a propane tank, that was not appropriate for the job and for whi...