Subpart D
A summary decision is an initial decision the hearing examiner may issue when no genuine issue of material fact has been raised. Under 1905.41(a) the examiner may decide the case without an evidentiary hearing if the record shows there is no real dispute about the important facts.
An initial decision becomes final 20 days after service unless a party files written exceptions within that 20-day period. See 1905.41(a)(1).
If timely exceptions are filed, the hearing examiner sets a time for filing objections to those exceptions and any supporting reasons, and the Assistant Secretary considers the exceptions, supporting briefs, and any objections before issuing a final decision. This procedure is described in 1905.41(a)(1).
An initial decision and any final decision must include findings and conclusions with the reasons or bases for them on all issues presented, and the terms and conditions of the rule or order made. See 1905.41(a)(2) and its subparts 1905.41(a)(2)(i) and 1905.41(a)(2)(ii).
A copy of both the initial decision and any final decision must be served on each party. The service requirement is stated in 1905.41(a)(3).
The hearing examiner must set the case for an evidentiary hearing when a genuine material question of fact is raised; in any other case the examiner may also set a hearing at their discretion. This rule is in 1905.41(b) and such hearings follow the procedures in Subpart C of Part 1905 (1905).
A party should show that the essential facts on which the decision turns are not in dispute so the hearing examiner can decide without further fact-finding. The standard for issuing a summary decision when no genuine issue of material fact is raised is set out in 1905.41(a).
Yes, the summary decision procedures in Part 1905 can apply to variance proceedings where no genuine issue of material fact exists; the Part 1905 rules govern variance applications and decision procedures. See 1905 and note that OSHA's letters discussing variances refer parties to Part 1905 procedures (for example, see the letter about variances for carrying loads over people which references Part 1905 rules: 1999-03-24 variance letter).
An applicant should explain how the proposed conditions, practices, methods, or processes will provide employment and places of employment that are as safe and healthful as those required by the standard from which a variance is sought. OSHA references this requirement in its variance guidance and letters discussing variance applications; see 1905 and the memorandum about a variance request which cites the need for this showing (for example, 1995-09-18 variance memorandum).
It means the decision must clearly list the specific requirements, obligations, or limitations imposed by the examiner's ruling so parties know exactly what is ordered or required. This content requirement is set out in 1905.41(a)(2)(ii).
No—when a genuine material question of fact is raised the examiner must set the case for an evidentiary hearing; the examiner has discretion to set a hearing in other cases but not when such a factual dispute exists. See 1905.41(b).
If exceptions to an initial decision are filed, the hearing examiner fixes a time for any party to file objections to those exceptions and any supporting reasons; the Assistant Secretary then reviews exceptions, briefs, and objections before issuing a final decision. See 1905.41(a)(1).
Yes—if no party files written exceptions within 20 days after service of the initial decision, the initial decision becomes final without further review, per 1905.41(a)(1).