Administrative Separation of Functions: OSHA and NLRB

Benjamin W. Mintz, The Catholic University of America, Columbus School of Law


This Article addresses the separation of decision-making and investigatory- prosecutorial functions under OSHA's statutory scheme. First, this Article addresses the constitutional and statutory development of the separation of agency functions. Second, this Article provides a detailed description of OSHA's legislative history emphasizing the congressional debate surrounding the proposed structure of the new agency or agencies. Third, this Article analyzes the legal controversies that have emerged during OSHA's twenty-five year history involving the separation of prosecutory and decision-making functions. Finally, this Article seeks to place OSHA's administrative arrangement in perspective and evaluates the impact of the split-enforcement structure on OSHA's effectiveness.