Publication of decisions
Subpart D
Questions & Answers
Under 1902.53, does the rule require publication of initial 18(e) determinations or only reconsideration decisions?
Under 1902.53, the rule requires publication only for decisions on the reconsideration of an affirmative 18(e) determination, not for the initial determination itself. The plain text of 1902.53 specifically refers to ‘‘decisions on the reconsideration’’ of an affirmative 18(e) determination.
Under 1902.53, where must those reconsideration decisions be published?
Under 1902.53, those reconsideration decisions must be published in the Federal Register. The standard states that ‘‘All decisions on the reconsideration of an affirmative 18(e) determination shall be published in the FEDERAL REGISTER’’ in 1902.53.
Under 1902.53, is there a deadline or timeframe specified for publishing reconsideration decisions in the Federal Register?
Under 1902.53, no specific deadline or timeframe for publication is stated. The text of 1902.53 simply requires that the decisions be published in the Federal Register, but it does not set a number of days or other timing requirement.
Under 1902.53, does OSHA specify the format or content that must appear in the Federal Register notice of a reconsideration decision?
Under 1902.53, OSHA does not specify a required format or the exact content that must appear in the Federal Register notice. The standard only states that ‘‘All decisions on the reconsideration of an affirmative 18(e) determination shall be published in the FEDERAL REGISTER’’ in 1902.53. If you need guidance on what a typical Federal Register decision notice looks like, review actual published notices in the Federal Register or consult agency publishing procedures.
Under 1902.53, does the requirement to publish in the Federal Register prevent issuing additional notices to interested parties?
Under 1902.53, the standard does not prohibit additional notices; it simply requires publication in the Federal Register. The regulation states that the decisions shall be published in the Federal Register (1902.53) but does not bar agencies from also notifying parties by other means (for example, letters or agency websites).
Under Part 1902 and 1902.53, do State Plans have to follow the Federal Register publication requirement for 18(e) reconsideration decisions?
Under 1902.53 and Part 1902, the regulation requires that all decisions on the reconsideration of an affirmative 18(e) determination be published in the Federal Register. Because 1902.53 is part of Part 1902 (State Plans), State Plan authorities implementing procedures under section 18(e) should follow this publication requirement as stated in 1902. For State Plan-specific procedures, review your State Plan's approved procedures and federal guidance.
Under 1902.53, does the publication requirement apply to negative 18(e) determinations or only to affirmative ones?
Under 1902.53, the publication requirement applies only to the reconsideration of affirmative 18(e) determinations. The regulation explicitly refers to ‘‘an affirmative 18(e) determination’’ in 1902.53, so it does not impose the same publication duty for negative determinations.
Under 1902.53, how can employers, workers, or the public find the published reconsideration decisions?
Under 1902.53, reconsideration decisions are published in the Federal Register, so employers, workers, or the public can find them by searching the Federal Register database for the relevant agency notices. The regulation requires publication in the Federal Register (1902.53). For additional context about Part 1902 procedures, see 1902.
Under 1902.53, does publishing a decision in the Federal Register make that decision officially effective or enforceable by itself?
Under 1902.53, the regulation only requires publication of reconsideration decisions in the Federal Register and does not itself state whether publication makes a decision effective or enforceable. The standard text is limited to the publication requirement (1902.53). For questions about legal effect or enforceability, consult the specific statutory provisions of section 18(e) and related agency guidance along with 1902.
Under 1902.53, who is named as responsible for doing the publication in the Federal Register?
Under 1902.53, the regulation does not name a specific office or individual responsible for doing the publication; it only states that ‘‘All decisions on the reconsideration of an affirmative 18(e) determination shall be published in the FEDERAL REGISTER’’ (1902.53). Responsibility for preparing and submitting Federal Register notices is handled through agency procedures and publishing offices, which are not detailed in this particular regulation.
Under 1902.53, does the regulation require redaction of confidential information before publication in the Federal Register?
Under 1902.53, the regulation does not address redaction or handling of confidential information; it only requires publication in the Federal Register. The text of 1902.53 is silent on confidentiality or redaction, so follow the agency’s standard procedures and federal statutes for handling confidential business information when preparing a Federal Register notice.
Under 1902.53, can the publication requirement be satisfied by posting the decision only on an agency website instead of the Federal Register?
Under 1902.53, publication on an agency website alone would not satisfy the rule because the regulation explicitly requires publication in the Federal Register. The text says that ‘‘All decisions on the reconsideration of an affirmative 18(e) determination shall be published in the FEDERAL REGISTER’’ (1902.53). Posting to a website can be supplemental but does not replace the Federal Register requirement.