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OSHA 1921.22

Computation of filing time

Subpart E

11 Questions & Answers

Questions & Answers

Under 1921.22, are Sundays and legal holidays included when computing the time allowed for filing documents?

Yes. Under 1921.22, Sundays and legal holidays are included when you count the time allowed for filing any document or paper under this part.

  • This means you count those days as part of the deadline period rather than skipping over them.
  • If the deadline would otherwise fall on a Sunday or legal holiday, the period is extended to the next following business day.

Under 1921.22, what happens if my filing deadline falls on a Sunday or a legal holiday?

The filing deadline is automatically extended to the next business day. Under 1921.22, when the time allowed for filing expires on a Sunday or legal holiday, that period "shall be extended to include the next following business day."

  • You do not need to request an extension for this situation; the rule operates automatically.

Under 1921.22, does the rule tell me which days count as a "legal holiday"?

No. 1921.22 uses the term "legal holiday" but does not define it.

  • In practice, "legal holiday" generally means an official public holiday recognized by the government (federal, or sometimes state/local) relevant to the office where the filing is required.
  • If you need certainty, check the office’s published holiday schedule or contact the office where you will file to confirm which days it observes as legal holidays.

Under 1921.22, does the rule say whether you count the starting day when computing a filing period?

No. 1921.22 only addresses inclusion of Sundays and legal holidays and extensions when a period expires on those days — it does not say whether to count the first day when computing a period.

  • For questions about when the counting starts (e.g., same-day vs. next-day start), check other applicable rules, local practice, or the text of the specific deadline-setting provision.

Under 1921.22, if the next business day after a Sunday is itself a legal holiday, what happens to my deadline?

You keep extending forward until you reach the next business day that is not a Sunday or legal holiday. 1921.22 requires extension "to include the next following business day," which means if that day is also a legal holiday the period extends further to the next business day that is open.

  • In short: skip Sundays and legal holidays until you hit the first regular business day.

Under 1921.22, does the inclusion of Sundays and holidays apply regardless of how I file (mail, hand-delivery, or electronic)?

Yes. 1921.22 applies to "any document or paper under this part," so the rule about counting Sundays and holidays and the extension to the next business day applies regardless of the method of filing.

  • Note: specific filing systems (for example, an electronic filing portal) may have their own cut-off times or practices, so also confirm any special rules for the filing method you use.

Under 1921.22, how should I compute a short deadline measured in days that spans a Sunday or holiday (for example, a 7‑day filing period)?

Count each calendar day in the period, including Sundays and legal holidays; if the final day lands on a Sunday or legal holiday, extend to the next business day. 1921.22 says Sundays and holidays "shall be included" in computing time and the period is extended if it expires on a Sunday or holiday.

  • Example: For a 7‑day period that ends on a Sunday, you would file on the following business day (typically Monday unless Monday is a legal holiday).

Under 1921.22, who determines what counts as a "business day" for the purpose of the extension?

The rule itself does not define "business day." 1921.22 requires extension to the "next following business day," which is commonly understood to be a day when the office that receives filings is open for business.

  • If there is doubt, confirm the receiving office’s hours and holiday schedule to know which days it considers business days.

Under 1921.22, does this computation rule apply to deadlines set by other statutes or court orders?

No; 1921.22 applies to filing any document or paper "under this part" (Part 1921).

  • If another statute, regulation, or a court order sets a different computation rule, that other authority governs those deadlines. Always check which rule controls the specific filing requirement.

Under 1921.22, if a deadline is extended to the next business day, do I need to file anything extra to show I relied on the extension?

No. The extension is automatic under 1921.22 when the time expires on a Sunday or legal holiday.

  • You do not need to file a motion or ask for leave to receive the extension — the rule itself provides the extension. Keep a record of when you filed in case of any dispute.

Under 1921.22, if a filing office closes unexpectedly on a business day (for weather or emergency), does the rule extend the deadline?

No. 1921.22 specifically covers Sundays and legal holidays; it does not address unexpected closures.

  • For emergency closures, you should check the receiving office’s announcements or contact the office for guidance; other rules or local policies may provide relief for unexpected closures.