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OSHA 1921.14

Filing exceptions to decisions

Subpart D

11 Questions & Answers

Questions & Answers

Under 1921.14, who may file exceptions to a hearing examiner's decision and within what time frame must they be filed?

Under 1921.14 any party to the proceeding may file exceptions, and they must be filed within 20 days after the date of the hearing examiner’s decision.

  • The rule uses the term “Any party,” which means either side in the enforcement proceeding can file exceptions.
  • The 20‑day deadline is measured from the date on the decision itself, not from notice or other events unless another rule specifies otherwise.

Reference: 1921.14.

Under 1921.14, what information must be included when transmitting exceptions to the Chief Hearing Examiner?

Under 1921.14 the exceptions must be in writing and must: refer to the specific findings of fact, conclusions of law, or order that are being excepted to; identify the specific pages of the transcript relevant to those exceptions; and suggest corrected findings of fact, conclusions of law, or order.

  • The rule also requires that supporting reasons for each exception be filed with the exceptions.
  • Exceptions must be transmitted to the Chief Hearing Examiner (i.e., delivered in writing to that official).

Reference: 1921.14.

Under 1921.14, must exceptions include supporting reasons and suggested corrections, or can I just point out errors?

Under 1921.14 exceptions must include supporting reasons and should suggest corrected findings of fact, conclusions of law, or order rather than merely pointing out errors.

  • The rule explicitly requires "supporting reasons" for the exceptions.
  • It also directs parties to suggest corrected findings/conclusions/orders, which helps the Chief Hearing Examiner and any reviewing authority see the remedy you seek.

Reference: 1921.14.

Under 1921.14, where must exceptions be sent when filed and in what form?

Under 1921.14 exceptions must be transmitted in writing to the Chief Hearing Examiner.

  • The standard specifies only that exceptions be in writing and transmitted to the Chief Hearing Examiner; it does not prescribe a particular file format (paper, mail, or electronic) within the text of 1921.14 itself.
  • Check any administrative rules or the Chief Hearing Examiner’s instructions for accepted methods of delivery.

Reference: 1921.14.

Under 1921.14, must exceptions point to specific transcript pages, and why is that required?

Under 1921.14 exceptions must identify the specific pages of the transcript relevant to the exceptions.

  • This requirement helps the Chief Hearing Examiner and any reviewing authority locate the testimony or evidence that supports the exception without searching the entire record.
  • Be precise: cite the transcript page numbers and, where helpful, the lines or speakers to make your point clearer.

Reference: 1921.14.

Under 1921.14, can a party file exceptions that challenge only the hearing examiner’s procedural rulings, or must they challenge findings of fact, conclusions of law, or the order?

Under 1921.14 exceptions are framed in terms of taking exception to specific findings of fact, conclusions of law, or the order.

  • The rule requires parties to refer to those elements when filing exceptions; it does not explicitly list procedural rulings, but a party may challenge a procedural ruling to the extent it is reflected in or affected the findings, conclusions, or order.
  • To preserve a procedural objection, describe how the procedural ruling impacted the findings, conclusions, or final order and cite the transcript pages that show the issue.

Reference: 1921.14.

Under 1921.14, what does "transmit" in writing mean—does the regulation specify mail, hand delivery, or electronic filing?

Under 1921.14 the regulation requires exceptions to be transmitted in writing to the Chief Hearing Examiner, but the text does not specify the precise method of transmission (mail, hand delivery, or electronic filing).

  • Because 1921.14 does not define acceptable delivery methods, follow any procedural rules or instructions from the Office of the Chief Hearing Examiner about filing methods and proof of receipt.

Reference: 1921.14.

Under 1921.14, can multiple parties file separate exceptions to the same finding or order?

Under 1921.14 any party may file exceptions, so multiple parties can file separate exceptions to the same finding, conclusion, or order within the 20‑day period.

  • Each party’s exceptions should comply with the rule’s content requirements (written exceptions, supporting reasons, transcript page citations, and suggested corrections).
  • Separate filings let each party state its own reasons and proposed corrections for the record.

Reference: 1921.14.

Under 1921.14, is there a required form or template for suggesting corrected findings of fact, conclusions of law, or order?

Under 1921.14 there is no required form or template specified; the regulation simply requires that exceptions be in writing, include supporting reasons, refer to specific findings/conclusions/orders, cite transcript pages, and suggest corrected findings/conclusions/orders.

  • Because the statute does not prescribe a form, prepare a clear written document that identifies the item you except to, explains why, cites the transcript pages, and proposes the exact corrective language you want adopted.

Reference: 1921.14.

Under 1921.14, does failing to file exceptions within 20 days waive a party’s ability to contest the hearing examiner’s decision?

Under 1921.14 the regulation requires filing exceptions within 20 days but does not itself state the consequences of failing to file within that period.

  • The text establishes the 20‑day filing window; it does not specify whether failure to file constitutes a waiver or what remedies (if any) exist for late filing.
  • To understand consequences or relief for late filings, consult other applicable rules or the Office of the Chief Hearing Examiner’s guidance.

Reference: 1921.14.

Under 1921.14, must exceptions identify whether they challenge findings of fact, conclusions of law, or the order, or is a general objection sufficient?

Under 1921.14 exceptions must refer to the specific findings of fact, conclusions of law, or order excepted to, so a general objection is not sufficient.

  • Be specific: identify the exact finding, conclusion, or order language you challenge and provide the transcript pages and supporting reasons.
  • Also suggest the corrected finding, conclusion, or order language you want adopted to make your exception actionable.

Reference: 1921.14.