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    Duties

    Summary

    This position is located in the Office of the Chief Administrative Law Judge in the Denver, CO regional office of the Review Commission. The physical work location for this position is the U.S. Custom House, 721 19th Street, Room 407, Denver, CO 80202.

    Any appointment made under this announcement will be in the excepted service, Schedule E appointing authority, pursuant to Executive Order (dated July 10, 2018).

    Learn more about this agency

    Responsibilities

    The Administrative Law Judge (ALJ) conducts proceedings in accordance with the Administrative Procedure Act (5 U.S.C. 556-7), the Federal Rules of Evidence, the Federal Rules of Civil Procedure, and the Rules of Procedure of the Occupational Safety and Health Review Commission for alleged violations that arise under the Occupational Safety and Health Act of 1970. The ALJ rules on preliminary motions, conducts pre-hearing conferences to settle issues or stipulate facts, and issues subpoenas and orders for pre-hearing discovery of evidence. The ALJ administers oaths and presides at hearings, which may include written and/or oral testimony, cross-examination and exhibits, and determining credibility. The ALJ prepares and issues decisions with findings of fact and conclusions of law based upon the record and supported by reliable, probative, and substantial evidence.

    Travel Required

    75% or less - You will be expected to travel at least 50 percent of the time for this position.

    Supervisory status

    No

    Promotion Potential

    3

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    Requirements

    Conditions Of Employment

    • You must be a U.S. Citizen or National.
    • You will be required to pass a background investigation and fingerprint check.
    • Selective Service Registration is required, as applicable. (www.sss.gov).
    • Moving and Relocation expenses are not authorized.
    • Travel is required (at least 50 percent of the time or greater).
    • E-Verify: If you are selected for this position, the supporting documentation that you present with Form I-9 will be verified through the DHS "E-Verify" System.
    • You will be required to submit a financial disclosure form (OGE Form 450 (confidential financial disclosure form), or the OGE Form 278e (public financial disclosure form) using the INTEGRITY system.
    • You must provide a resume and supporting documents (See required documents).

    Qualifications

    In order to qualify for the OSHRC ALJ position, applicants must meet education, licensure, and relevant experience listed below.

    Education: Applicants must possess a Juris Doctor (J.D.) degree.

    -AND-

    Licensure: Possess a professional license and be authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution; an active bar status and/or membership in "good standing" for at least ten (10) years total in at least one jurisdiction in which the applicant is admitted. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law and being in "good standing" is also acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law.

    -AND-

    Qualifying Experience: Applicants must have a full seven (7) years of experience as a licensed attorney preparing for, participating in, and/or presiding over formal hearings or trials involving litigation and/or administrative law at the Federal, State or local level, preferably demonstrating knowledge of occupational health and safety law or other labor and employment laws; participating in or conducting mediation, arbitration, or other alternative dispute resolution of the claims involved in such proceedings; and preparing formal written decisions or opinions in such proceedings. To be considered as qualifying experience, the types of cases handled under this requirement must have been conducted on the record under procedures at least as formal as those prescribed by sections 553 through 559 of title 5 of the United States Code.

    Qualifying litigation experience involves cases in which a complaint was filed with a court or appropriate military authority and includes:
    • participating in pretrial disclosure and discovery;
    • participating in settlement or plea negotiations in advance of trial;
    • preparing pretrial motions or orders (including summary judgment motions);
    • participating in pretrial conferences;
    • preparing for trial and/or trial of cases;
    • trying or hearing cases;
    • preparing briefs or opinions;
    • participating in or conducting arbitration, mediation, or other alternative dispute resolution; or
    • participating in appeals related to the types of cases above.
    Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body and includes:
    • participating in pretrial disclosure and discovery;
    • participating in settlement negotiations in advance of hearing cases;
    • preparing prehearing motions or orders;
    • participating in prehearing conferences;
    • preparing for trial and/or trial of cases;
    • trying or hearing cases;
    • preparing briefs or opinions;
    • participating in or conducting arbitration, mediation, or other alternative dispute resolution; or
    • participating in appeals related to the types of cases above.
    Non-qualifying Experience: Experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters is not qualifying.

    Writing Sample: In addition to the minimum qualifications above, applicants must submit a writing sample which demonstrates their ability to author legal documents (not to exceed fifteen (15) pages) and a document addressing the Quality Ranking Factors (See "How You Will Be Evaluated" section) in order to be considered for this position. Failure to submit these documents will result in your application being removed from consideration.

    IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your questionnaire answers, we will not allow credit for your response(s).

    Education

    Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.htm

    In addition, when reviewing applicant's transcripts, assumptions will not be made. Applicants MUST state which coursework is relevant.

    Additional information

    • Application of Veterans' Preference: There is no formal rating system for applying veterans' preference to appointments in the excepted service; however, the Review Commission considers veterans' preference eligibility as a positive factor in the hiring of ALJ positions. Applicants eligible for veterans' preference are encouraged to include that information in their cover letter or resume and attach supporting documentation (e.g., DD form 214 or other substantiating documents) to their submissions.
    • Males born after 12/31/1959 must be registered or exempt from Selective Service (see www.sss.gov).
    • Public Trust - Background Investigation is required for this position. A drug test is not required.
    • The Immigration Reform and Control Act of 1986 require employers to hire only individuals who are eligible to work in the U.S. The appointee will be required to complete Form I-9, Employment Eligibility Verification, and provide acceptable proof of employment authorization and identity.
    • All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
    • This position is telework eligible as determined by the Review Commission policy and procedures.
    Conditions of Employment: Only U.S. Citizens or Nationals are eligible for employment with the Review Commission. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All applicants, both U.S. citizens and non-citizens, whose job location is with the U.S., must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.

    EEO Statement: The Review Commission is an Equal Opportunity Employer. Applications will be considered without discrimination for any non-merit reason such as: race, color, religion, sex, national origin, age, sexual orientation, disability, and in retaliation for prior involvement in Equal Employment Opportunity protected activity.

    Reasonable Accommodation Statement: The Review Commission provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application, please contact the Office of the Executive Director at (202) 606-5100. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.

    How You Will Be Evaluated

    Applicants meeting the minimum requirements will be further evaluated to determine those who are best qualified. This determination will be based, in part, on the following quality ranking factors (QRF's). It is not expected that every successful applicant will have experience with all of the QRFs. However, applicants are required to address each of the QRFs in narrative form, to the best of the applicant's ability.

    • Ability to demonstrate the appropriate temperament to serve as a judge.
    • Knowledge of occupational health and safety law or other labor and employment laws.
    • Experience participating in pretrial or prehearing disclosure and discovery; pretrial or prehearing motions or orders; and pretrial or prehearing conferences;
    • Experience managing or litigating a significant active caseload and the ability to render clear, thorough, and precise written pleadings or decisions.
    • Experience handling complex legal issues and/or complex litigation.
    • Experience participating in, or presiding over, formal hearings or trials that involve the litigation of civil or administrative law at the Federal, State, or local level, preferably demonstrating knowledge of occupational health and safety law or other labor and employment law and participating in or presiding over appeals related to these types of cases.
    • Experience participating in or conducting settlement conferences, mediation, arbitration, or other alternative dispute resolution of the claims involved in such proceedings
    • Experience preparing briefs or formal written decisions or opinions in proceedings.
    • Knowledge of judicial practices and procedures, including the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

    The QRFs must be addressed on a separate document which indicates the number of the specific QRF you are addressing. Applicants should be thorough in addressing the QRFs. For example, when addressing the fourth QRF bullet point (Experience managing or litigating a significant active caseload and the ability to render clear, thorough, and precise written pleadings or decisions) address the approximate number of cases handled in a given period of time, the applicant's specific role (first chair, co-counsel, responsible for the written brief only, etc.), and the length of time involved in a given role (lead counsel in 20 jury trials in 10 years). Applicants should also include specific examples of the types of cases, the number of court appearances made and documents written in those cases, and the case dispositions (plea, settlement, bench trial, jury trial, etc.). Conclusory statements (such as "the applicant has been involved in a substantial amount of litigation") will receive little or no weight in the evaluation of the QRFs.

    Background checks and security clearance

    Security clearance

    Not Required

    Drug test required

    No

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    Required Documents

    1. Resume documenting at least ten (10) years of legal experience post bar admission (include specific dates employed and if work was performed on a part-time or full-time basis), and seven (7) years of relevant litigation or administrative law experience.
    2. Documents addressing the Quality Ranking Factors (QRFs). There is additional information regarding the QRFs under the "How You Will Be Evaluated" section.
    3. Writing Sample which demonstrates your ability to author legal documents (one (1) only, and not to exceed 15 pages).
    4. Application of Veterans' Preference: There is no formal rating system for applying veterans' preference to appointments in the excepted service; however, the Review Commission considers veterans' preference eligibility as a positive factor in the hiring of ALJ positions. Applicants eligible for veterans' preference are encouraged to include that information in their cover letter or resume and attach supporting documentation (e.g., DD form 214 or other substantiating documents) to their submissions.
    5. Successful completion of assessment/occupational questionnaire.

    NOTE: Failure to submit the documents above with your application package will result in your application package being removed from consideration.

    If you are relying on your education to meet qualification requirements:

    Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

    Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

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    Benefits

    A career with the U.S. Government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding.

    https://help.usajobs.gov/index.php/Pay_and_Benefits

    Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time, or intermittent. Contact the hiring agency for more information on the specific benefits offered.

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    How to Apply

    You must submit a complete application package by 11:59 PM (EST) on 03/04/2019, the closing date of the announcement.

    • To begin, click Apply Online to create a USAJOBS account or log in to your existing account. Follow the prompts to select your USAJOBS resume and/or other supporting documents and complete the occupational questionnaire.
    • Click the Submit My Answers button to submit your application package.
    • It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
    • To verify your application is complete, log into your USAJOBS account, https://my.usajobs.gov/Account/Login, select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process.
    • To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.

    Agency contact information

    Shearlene Fisher

    Address

    Occupational Safety and Health Review Commission
    1120 20th Street, NW, 9th Floor
    Washington, DC 20036-3457
    US
    Learn more about this agency

    The U.S. Occupational Safety and Health Review Commission (Review Commission) is an independent, adjudicatory agency created by the Occupational Safety and Health Act of 1970 (OSH Act). Its sole statutory mandate is to serve as an administrative court providing just and expeditious resolution of disputes involving the Occupational Safety and Health Administration (OSHA), employers charged with violations of Federal safety and health standards, and employees and/or their representatives. The Review Commission was created by Congress as an agency completely independent of the Department of Labor to ensure that OSHA's enforcement actions are carried out in accordance with the law and that all parties are treated consistent with due process should a dispute arise.

    The incumbent is a Federal Officer appointed by the Chairman, pursuant to 29 U.S.C. § 661(e), and works under the administrative direction of the Chairman and, as designated, the Chief Administrative Law Judge. Assignment, removal, and compensation of administrative law judges shall be in accordance with sections 3105, 3344, 5372, and 7521 of title 5, United States Code, and the Executive Order Excepting Administrative Law Judges from the Competitive Service (July 10, 2018).

    Next steps

    The qualifications and eligibility of all applicants will be evaluated, and those who meet the minimum qualifications will be assessed. All candidates who meet the minimum requirements will be referred to the Chairman for further consideration. The Review Commission will notify you of the final outcome after all steps have been completed.

Fair & Transparent

The Federal hiring process is setup to be fair and transparent. Please read the following guidance.

Equal Employment Opportunity Policy

The United States Government does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy And gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factor.

Reasonable Accommodation Policy

Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application process should follow the instructions in the job opportunity announcement. For any part of the remaining hiring process, applicants should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

A reasonable accommodation is any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability. Under the Rehabilitation Act of 1973 the Equal Employment Opportunity Commission (EEOC) must provide reasonable accommodations:

  • An applicant with a disability needs an accommodation to have an equal opportunity to apply for a job.
  • An employee with a disability needs an accommodation to perform the essential job duties or to gain access to the workplace.
  • An employee with a disability needs an accommodation to receive equal access to benefits, such as details, training, and office-sponsored events.

Legal and regulatory guidance

This job originated on www.usajobs.gov. For the full announcement and to apply, visit www.usajobs.gov/GetJob/ViewDetails/524786200. Only resumes submitted according to the instructions on the job announcement listed at www.usajobs.gov will be considered.