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OSHA 1921.1

Applicability of rules

Subpart A

20 Questions & Answers

Questions & Answers

Under 1921.1, what is the main purpose of Part 1921?

Under 1921.1, the main purpose of Part 1921 is to provide the rules of practice for administrative hearings that enforce section 41 of the Longshoremen's and Harbor Workers' Compensation Act and the related safety regulations published in Parts 1915 and 1918. See 1921.1 for the applicability statement and the Part overview at 1921.

Under 1921.1, to which specific type of proceedings does Part 1921 apply?

Under 1921.1, Part 1921 applies only to administrative proceedings held under section 41(b)(5) of the Longshoremen's and Harbor Workers' Compensation Act. See the explicit scope language in 1921.1.

Under 1921.1, does Part 1921 apply to all administrative proceedings under section 41 of the Act?

Under 1921.1, no—Part 1921 does not apply to all administrative proceedings under section 41; it applies only to proceedings held under section 41(b)(5). See the limitation in 1921.1.

Under 1921.1, does Part 1921 cover enforcement of OSHA safety regulations found in Parts 1915 and 1918?

Under 1921.1, yes—Part 1921 provides rules of practice for administrative hearings relating to enforcement of section 41 and the safety regulations promulgated thereunder that are published in Parts 1915 and 1918. See 1921.1.

Under 1921.1, if an employer faces an administrative proceeding under a different subsection of section 41 (not 41(b)(5)), do Part 1921 rules apply?

Under 1921.1, Part 1921 rules do not apply to proceedings that are not held under section 41(b)(5); proceedings under other subsections of section 41 are governed by whatever rules apply to those specific proceedings. The scope and limitation are stated in 1921.1.

Under 1921.1, what should a party expect about procedure when appearing at a hearing held under section 41(b)(5)?

Under 1921.1, a party should expect that the hearing will follow the rules of practice set out in Part 1921 because those rules govern administrative hearings under section 41(b)(5). For the specific procedural rules, consult the full Part at 1921 and the applicability statement in 1921.1.

Under 1921.1, does Part 1921 govern judicial appeals after an administrative hearing?

Under 1921.1, Part 1921 establishes rules of practice for administrative hearings under section 41(b)(5); it does not replace or directly govern subsequent judicial appeals, which follow the appeals process and law applicable to the Longshoremen's and Harbor Workers' Compensation Act. See the scope at 1921.1 and the Part overview at 1921.

Under 1921.1, how does Part 1921 relate to OSHA's enforcement of safety standards?

Under 1921.1, Part 1921 provides the administrative hearing rules that apply when OSHA (or the Coast Guard under certain circumstances) seeks enforcement under section 41(b)(5) of the Longshore Act for violations of safety standards published in Parts 1915 and 1918. See the applicability language in 1921.1.

Under 1921.1, if a single dispute includes both a section 41(b)(5) matter and other proceedings under section 41, which rules govern?

Under 1921.1, Part 1921 governs the portion of the dispute that is an administrative proceeding held under section 41(b)(5); other portions of the dispute that are not 41(b)(5) proceedings are not covered by Part 1921 and must follow their applicable rules. The limitation is stated in 1921.1.

Under 1921.1, are enforcement hearings for regulations outside Parts 1915 and 1918 covered by Part 1921?

Under 1921.1, Part 1921 specifically references enforcement of section 41 and the safety regulations promulgated thereunder that are published in Parts 1915 and 1918; therefore, the part is framed around those Parts and applies to hearings relating to enforcement of regulations in Parts 1915 and 1918. See 1921.1.

Under 1921.1, where should I look to find the full set of procedures for hearings under section 41(b)(5)?

Under 1921.1, you should consult Part 1921 itself for the full set of procedures; start with the applicability statement in 1921.1 and then read the rest of Part 1921 at 1921 for the detailed rules of practice.

Under 1921.1, who is most affected by the applicability of Part 1921?

Under 1921.1, parties to administrative hearings under section 41(b)(5)—including employers, employees, and representatives involved in enforcement proceedings for safety regulations in Parts 1915 and 1918—are those most affected because Part 1921 provides the rules those hearings follow. See 1921.1.

Under 1921.1, does Part 1921 contain definitions as well as applicability?

Under 1921.1, the subpart title indicates it covers 'Applicability of Rules; Definitions,' and 1921.1 itself states the applicability; for any definitions used in Part 1921, consult the full Part available at 1921 and the applicability provision in 1921.1.

Under 1921.1, what should a lawyer or safety manager check to confirm that Part 1921 applies to their case?

Under 1921.1, confirm whether the proceeding is an administrative hearing held under section 41(b)(5) and whether it relates to enforcement of safety regulations promulgated under section 41 (noting the common focus on Parts 1915 and 1918); if both are true, Part 1921 applies. See the applicability statement in 1921.1.

Under 1921.1, does Part 1921 change OSHA inspection or citation procedures in the field?

Under 1921.1, Part 1921 does not change how field inspections or initial citation issuance are conducted; it provides the rules of practice for administrative hearings under section 41(b)(5) that may follow enforcement actions. See the scope described in 1921.1 and the Part overview at 1921.

Under 1921.1, if I receive notice of an administrative hearing, how can I tell if Part 1921 governs that hearing?

Under 1921.1, check the hearing notice or complaint to see if it cites section 41(b)(5) of the Longshoremen's and Harbor Workers' Compensation Act or indicates enforcement of regulations in Parts 1915/1918; if it specifically identifies a proceeding under section 41(b)(5), then Part 1921 governs. The applicability language is in 1921.1.

Under 1921.1, can Part 1921 be used as the procedural rules for informal conferences or settlement talks that are not section 41(b)(5) hearings?

Under 1921.1, Part 1921 is designed for administrative hearings under section 41(b)(5) and does not automatically apply to informal conferences or settlement talks that are not part of a section 41(b)(5) proceeding; those discussions are governed by whatever procedures the parties or agency establish. See the applicability limitation in 1921.1.

Under 1921.1, if an enforcement action cites violations in Parts 1915 and 1918, are those violations subject to hearings under Part 1921?

Under 1921.1, violations of safety regulations published in Parts 1915 and 1918 that are enforced under section 41 and brought as administrative hearings under section 41(b)(5) are subject to the rules in Part 1921. The section's description ties Part 1921 to enforcement of those Parts; see 1921.1.

Under 1921.1, does Part 1921 apply to proceedings under other statutes or to state-level hearings?

Under 1921.1, Part 1921 applies specifically to administrative hearings under section 41(b)(5) of the Longshoremen's and Harbor Workers' Compensation Act and to enforcement of the safety regulations promulgated under that Act (Parts 1915 and 1918); it does not extend to proceedings under unrelated federal statutes or to state-level hearings unless those proceedings are specifically brought under section 41(b)(5). See 1921.1.

Under 1921.1, if a party believes the wrong procedural rules are being applied, what does 1921.1 tell us about the correct scope of Part 1921?

Under 1921.1, the correct scope is clear: Part 1921 applies only to administrative proceedings held under section 41(b)(5) relating to enforcement of section 41 and the safety regulations in Parts 1915 and 1918; if a party believes different rules are being wrongly applied, they should point to the scope language in 1921.1 and seek clarification from the hearing officer or counsel.