Definitions and key terms
Subpart A
Questions & Answers
Under 1921.2(b), who is the 'Chief Hearing Examiner'?
Under 1921.2(c), who is considered a 'Respondent'?
Under 1921.2(d), who is the 'Assistant Secretary' referred to in these rules?
Under 1921.2, do these definitions apply to the whole Part 1921 or only a portion of it?
Under 1921.2(c), if a company receives a notice of enforcement under Part 1921, should it consider itself the 'Respondent'?
Under 1921.2(b), does the definition of 'Chief Hearing Examiner' give a local office or contact for hearings?
Under 1921.2(b), the definition only identifies the Chief Hearing Examiner by title and the Washington DC office address; it does not list local hearing office contacts.
- For specific hearing locations, filings, or contact details you must consult the procedural parts of Part 1921 or the Department of Labor's hearing office resources rather than this single definition.
- See 1921 for the Part context.
Under 1921.2(a), does the defined 'Act' cover other statutes or only the Longshoremen's and Harbor Workers' Compensation Act?
Under 1921.2(d), does 'Assistant Secretary' refer to the head of OSHA or a different office?
Under 1921.2(d), "Assistant Secretary" refers to the Assistant Secretary for Occupational Safety and Health, who is the Department of Labor official responsible for OSHA matters.
- This is the correct title to use where Part 1921 assigns duties or authority to OSHA leadership.
- See 1921 for where that authority is applied.
Under 1921.2, does the term 'Respondent' include both individuals and organizations?
Under 1921.2(c), "Respondent" means the person or organization proceeded against, so it includes both individual persons and organizations.
- This means employees, employers, corporations, partnerships, or other legal entities can all be Respondents if the proceedings are brought against them.
- See 1921 for procedural context.
Under 1921.2, should written documents in Part 1921 capitalize these defined terms like 'Respondent' and 'Chief Hearing Examiner'?
Under 1921.2, the definitions identify the exact terms; using the defined capitalization (for example, "Respondent" or "Chief Hearing Examiner") helps make clear when the Part is invoking those statutory definitions.
- Capitalizing defined terms in filings and correspondence prevents confusion and signals you are using the term as it is defined in Part 1921.
- Refer to 1921 for where these terms appear in procedural rules.
Under 1921.2, can the defined 'Chief Hearing Examiner' make rulings under Part 1921?
Under 1921.2(b), the term defines the officeholder as the Chief Hearing Examiner, but the definition itself does not list specific powers or duties.
- The definition identifies who the Chief Hearing Examiner is; the actual authority and duties are set out elsewhere in Part 1921's procedural provisions.
- See 1921 for the procedural rules that assign duties and authority.