Closing Date: 13th June, 2024
Description:
Job Description and Duties:The Administrative Law Judge adjudicates administrative hearings for Cal-OSHA appeals. Presides over and conducts hearings pertaining to appeal of employer citations in either a video-conferencing setting on in-person. Regulates the course of the hearing, instructs the parties of their rights and responsibilities, administers oaths to witnesses and language interpreters and listens to witnesses' testimony. Serves as an impartial adjudicator, takes notes during the course of the hearing and rules on parties' motions either verbally or in written form. Establishes scheduling for further proceedings and researches applicable law pertaining to workplace health and safety. Drafts and finalizes the ALJ decision in accordance to the Appeals Board policies and procedures.
Takes an active part in assisting parties to seek appeal resolution prior to hearing while presiding over pre-hearing conferences, status conferences and settlement conferences. Rules in a timely fashion on the pre-hearing motions in order to inform parties of appeal status. Prepares written or verbal orders using email, U.S, mail or telephone, when necessary, in response to parties' requests. Prepares and issues timely settlement orders using OASIS case management and scheduling system to finalize the parties' terms of a negotiated agreement, thereby closing the case.
Attends ALJ trainings by either media platforms or in-person as necessary. The ALJ will participate in monthly to discuss procedural issues and ethical considerations. The incumbent will attend in-person stakeholder meetings as required in order to develop information on administrative court procedures and best practices. Performs other duties associated with the adjudication of appeals, including the preparation of special reports, performing legal research or participating in special meetings.
Under the general direction of the Supervising Administrative Law Judge, the incumbent is responsible for adjudicating Cal-OSHA appeals. The cases are assigned randomly by the Appeals Board OASIS case management and scheduling system. The work primarily consists of conducting status, pre-hearing and settlement conferences. Most ALJ positions conduct one to two hearings per month.
This posting may be used to fill future vacancies in accordance with 2 CCR 249.3
To be considered for this Administrative Law Judge job opportunity, applicants must be either reachable on an employment list, have transfer eligibility or have reinstatement eligibility. To take the exam and gain employment list eligibility, please click here to access the exam bulletin: https://www.calcareers.ca.gov/JOBSGEN/2PBCB.PDF
You will find additional information about the job in the Duty Statement. (https://www.calcareers.ca.gov/CalHrPublic/FileDownload.aspx?aid=23339930&name=OSHABALJdutystmt400-800-6016-049-04-25-24Final.pdf)
Working Conditions:
This job is located at:
DIR Occupational Safety and Health Appeals Board
2520 Venture Oaks Way, Suite 300
Sacramento, CA 95833
The position is a full-time permanent position requiring the incumbent to work a minimum of 40 hours per week in an office setting. Air conditioned, semi high-rise building with elevator access in an office with natural and artificial lighting. The incumbent will use a personal computer or laptop to access case law, Board cases and a specialized Board electronic case management and calendar system (OASIS) to develop decisions and orders.
2520 Venture Oaks Way, Suite 300
Sacramento, CA 95833
The position is a full-time permanent position requiring the incumbent to work a minimum of 40 hours per week in an office setting. Air conditioned, semi high-rise building with elevator access in an office with natural and artificial lighting. The incumbent will use a personal computer or laptop to access case law, Board cases and a specialized Board electronic case management and calendar system (OASIS) to develop decisions and orders.
Desirable Qualifications:
In Addition to Evaluating Each Candidate's Relative Ability, as Demonstrated by Quality and Breadth of Experience, the Following Factors Will Provide the Basis for Competitively Evaluating Each Candidate:
Willingness to Travel, Display Impartiality, Judicial Temperment, and Communicate Effectively.
Knowledge Of:
Legal Principles and Their Application; Principles and Procedures of The Labor Code Pertaining to Occupational Safety and Health; State of California Occupational Safety and Health Plan; Standards and Orders of The Occupational Safety and Health Standards Board; Operation Procedures and Enforcement Policies of The Division of Industrial Safety; Medical, Physiological and Occupational Safety and Health; Principles and The Ories of Administrative Law and Judicial Review of Administration Actions; Principles and Objectives of Effective Public Administration and Understanding of The Use of Proper Administrative Procedures.
Ability To:
Perform Legal Research; Analyze, Appraise, and Apply Legal Principles, Evidence and Precedents to Legal Problems; Make Accurate Summaries of Evidence and Prepare Appropriate Findings and Conclusions of Law and Make Recommendations Based on Such Facts; Conduct Fair and Impartial Hearings in A Manner that Will Obtain All Pertinent Evidence and Secure Confidence and Respect; Maintain a Fair and Impartial Attitude; Speak and Write Effectively; Supervise the Work of Others and Assist and Advise Them in Their Work; Effectively Contribute to The Board's Goals and Missions.
In Addition to Evaluating Each Candidate's Relative Ability, as Demonstrated by Quality and Breadth of Experience, the Following Factors Will Provide the Basis for Competitively Evaluating Each Candidate:
Willingness to Travel, Display Impartiality, Judicial Temperment, and Communicate Effectively.
Knowledge Of:
Legal Principles and Their Application; Principles and Procedures of The Labor Code Pertaining to Occupational Safety and Health; State of California Occupational Safety and Health Plan; Standards and Orders of The Occupational Safety and Health Standards Board; Operation Procedures and Enforcement Policies of The Division of Industrial Safety; Medical, Physiological and Occupational Safety and Health; Principles and The Ories of Administrative Law and Judicial Review of Administration Actions; Principles and Objectives of Effective Public Administration and Understanding of The Use of Proper Administrative Procedures.
Ability To:
Perform Legal Research; Analyze, Appraise, and Apply Legal Principles, Evidence and Precedents to Legal Problems; Make Accurate Summaries of Evidence and Prepare Appropriate Findings and Conclusions of Law and Make Recommendations Based on Such Facts; Conduct Fair and Impartial Hearings in A Manner that Will Obtain All Pertinent Evidence and Secure Confidence and Respect; Maintain a Fair and Impartial Attitude; Speak and Write Effectively; Supervise the Work of Others and Assist and Advise Them in Their Work; Effectively Contribute to The Board's Goals and Missions.
