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VOSHA review board tells Appropriations board small budget and unpredictable caseloads pressure operations
Summary
The VOSHA Review Board told the House Appropriations Committee it handles contested OSHA violations as a quasi‑judicial body, that case volume and legal costs vary widely, and that its carryforward (about $27,000) may be inadequate if appeals surge.
The VOSHA Review Board told the House Appropriations Committee on Feb. 10 that it is a statutorily established, quasi‑judicial board that hears contested OSHA violations and relies on a modest carryforward to manage unpredictable legal costs.
Gary McQuiston, chairman of the board, introduced board staff including Carolyn Dutch, paralegal support, and Brenda Berry and said the board receives some funding routed through the Department of Labor. He described the board’s process: OSHA inspectors or Department of Labor staff issue citations, hearing officers hold conferences or trials and prepare findings and recommendations, and the board reviews those findings. Either side can appeal the board’s decisions to superior court and beyond.
McQuiston told committee members the number of cases and associated expenses—attorneys, hearing officers and stenographers—can fluctuate significantly year to year, making budgeting difficult. He said the board has a carryforward fund of about $27,000 that serves as a fallback if caseloads spike; board members called that amount vital but limited.
In response to committee questions, McQuiston said appeals to superior court are uncommon over his three‑year tenure but can occur. He said the board contracts with three attorney hearing officers who are on retainer and are paid for the work they perform, so costs are tied to use. Committee members noted line items in the packet, including advertising and rulemaking fees, and board members reiterated that a single contested decision can be costly.
The board asked the committee to consider the uncertainty of its caseload and funding needs when reviewing FY2027 budget requests. The committee thanked the presenters and moved on to the next scheduled testimony.
