Subpart E
No — a hearing examiner's decision under Part 1905 does not become operative while the Assistant Secretary is deciding the appeal. See 1905.50 which states that a hearing examiner's decision "shall not be operative pending a decision on appeal by the Assistant Secretary."
It means the hearing examiner’s ruling does not take legal effect or change the parties’ rights until the Assistant Secretary rules on the appeal. 1905.50 expressly states the decision "shall not be operative pending a decision on appeal by the Assistant Secretary," so the examiner’s order is essentially on hold until the appeal is resolved.
No — the variance granted by a hearing examiner is not operative while the Assistant Secretary considers an appeal. 1905.50 holds the examiner’s decisions in abeyance during appeal, and OSHA precedent confirms that interim or provisional implementation is controlled by the appeal/variance rules in Part 1905 (Part 1905). Additionally, OSHA has explained in variance-related correspondence that statutory provisions do not always permit interim relief in lieu of a final variance decision (see the variance/interim order discussion in the May 25, 1995 letter at https://www.osha.gov/laws-regs/standardinterpretations/1995-05-25-1).
No — 1905.50 only says the hearing examiner’s decision is not operative pending appeal; it does not automatically change the underlying statutory or regulatory obligations unless the Assistant Secretary (or another authority) issues a specific order. See 1905.50 and the general Part 1905 procedures at Part 1905 for how decisions and stays are handled in specific cases.
The decision remains non-operative until the Assistant Secretary issues a ruling on the appeal. 1905.50 ties the non-operative status directly to the pendency of the appeal; it does not set a fixed time limit, so the period lasts until the Assistant Secretary's decision is issued.
Not by virtue of 1905.50 alone — the section says the hearing examiner’s decision "shall not be operative" pending appeal, so making it partially effective requires separate action by the Assistant Secretary or another appropriate authority. Parties should refer to the broader Part 1905 procedures at Part 1905 and may review precedent on variances and interim relief such as the May 25, 1995 letter addressing interim orders for variance requests (https://www.osha.gov/laws-regs/standardinterpretations/1995-05-25-1).
Yes — once the Assistant Secretary issues a decision on appeal, the Assistant Secretary’s ruling determines whether and when the hearing examiner’s decision becomes effective. 1905.50 makes clear that the examiner’s decision is not operative until the Assistant Secretary rules, and Part 1905 contains the procedures governing the effect of appeal rulings (Part 1905).
Yes — 1905.50 applies to hearing examiner decisions issued under Part 1905, which covers variances (permanent and temporary) and related proceedings; the examiner’s decision in those matters "shall not be operative pending a decision on appeal by the Assistant Secretary." See 1905.50 and the general Part 1905 text at Part 1905. For practical variance examples and related guidance, see OSHA letters concerning variances (for example, the digester building exits variance correspondence at https://www.osha.gov/laws-regs/standardinterpretations/1996-05-29 and the variance interim-order discussion at https://www.osha.gov/laws-regs/standardinterpretations/1995-05-25-1).
No — the hearing examiner’s denial is not operative during the pendency of an appeal to the Assistant Secretary. 1905.50 specifically provides that examiner decisions under Part 1905 are not operative pending the Assistant Secretary’s appeal decision.
The non-operative status means the hearing examiner’s ruling is on hold, so any change from existing rules or new alternative measures the examiner authorized do not take effect until the Assistant Secretary rules. Employers seeking to use alternative measures during an appeal should consult Part 1905 procedures at Part 1905 and consider the guidance in OSHA correspondence about variances and interim relief (for example, the May 25, 1995 letter discussing the limits of interim relief for variance applicants at https://www.osha.gov/laws-regs/standardinterpretations/1995-05-25-1).
No — 1905.50 controls the operative effect of hearing examiner decisions under Part 1905, and interpretations or regional letters do not change that rule. For example, OSHA has clarified in other contexts that regional LOIs do not supersede national office guidance when national rules or procedures apply (see the national guidance approach discussed in the fixed ladders LOI at https://www.osha.gov/laws-regs/standardinterpretations/2013-01-31-1). Always rely on 1905.50 and Part 1905 (Part 1905) for the effect of hearing examiner decisions and appeals.
No direct right to immediate judicial review exists until administrative remedies are exhausted; normally the Assistant Secretary’s decision on appeal must be issued before a party seeks review in federal court. See Part 1905 for the administrative appeal process and timing. If you need case-specific guidance about timing for judicial review after the Assistant Secretary rules, consult counsel or the Part 1905 procedures at Part 1905.