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OSHA 1921.4

Complaint answer procedures

1921 Subpart B

11 Questions & Answers

Questions & Answers

Under 1921.4(a), how long do I have to file an answer after the complaint is served and who must sign it?

You must file your answer with the Chief Hearing Examiner within 14 days after the complaint is served, and the answer must be signed by the respondent or the respondent’s attorney. See 1921.4(a).

Under 1921.4(b)(1), what must my answer say about the facts and each allegation in the complaint?

Your answer must include a statement of the facts that make up your defense and must specifically admit, explain, or deny each allegation in the complaint; if you lack knowledge about an allegation, you must say so. See 1921.4(b)(1).

Under 1921.4(b)(2), can I admit all allegations and give up my right to a hearing in my answer?

Yes. You may state that you admit all of the allegations in the complaint, and your answer may also contain a waiver of hearing. See 1921.4(b)(2).

Under 1921.4(b), what happens if I fail to file an answer or fail to specifically plead to an allegation?

If you do not file an answer or you fail to specifically admit, deny, or explain any allegation, that allegation is treated as admitted. See 1921.4(b).

Under 1921.4(c), what does the hearing examiner do if I admit all material allegations of fact?

If all material allegations are admitted, either in your answer or by failure to answer, that admission waives the hearing and the hearing examiner will prepare a decision adopting the complaint's material facts as the proposed findings of fact without further hearing; the parties are then given an opportunity to file exceptions and briefs. See 1921.4(c).

Under 1921.4(a), may my attorney sign the answer instead of me?

Yes. The regulation explicitly allows the answer to be signed by the respondent or by the respondent’s attorney. See 1921.4(a).

Under 1921.4(b)(1), what do I do in my answer if I genuinely do not know the facts relating to a particular allegation?

If you are without knowledge about a specific allegation, your answer should state that you are without knowledge as to that allegation rather than admitting or denying it. See 1921.4(b)(1).

Under 1921.4(c), after the hearing examiner prepares a decision based on admitted facts, can the parties still challenge that decision?

Yes. Even when the hearing examiner prepares a decision on the basis of admitted facts, the parties are given an opportunity to file exceptions to the decision and to file briefs in support of those exceptions. See 1921.4(c).

Under 1921.4(b), if I want to avoid an unintended admission, what is the safest way to respond to each allegation?

To avoid unintended admissions, you should specifically admit, explain, or deny each allegation in your answer; if you do not have enough information, explicitly state that you are without knowledge regarding that allegation. See 1921.4(b)(1).

Under 1921.4, where must the answer be filed and when does the 14-day clock start?

The answer must be filed with the Chief Hearing Examiner, and the 14-day time period begins upon service of the complaint. See 1921.4(a).

Under 1921.4(b)(2), does the regulation expressly allow a waiver of hearing only when all allegations are admitted?

The text places the allowance for a waiver of hearing in the same sentence that permits a respondent to state they admit all allegations, which indicates the waiver is authorized in that context; the regulation does not separately authorize a standalone waiver without an admission in the same provision. See 1921.4(b)(2).