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OSHA 1955.16

Time computation rules

Subpart B

20 Questions & Answers

Questions & Answers

Under 1955.16, when does the computation period begin after an event that starts a countdown?

Computation begins on the first business day after the day the triggering act, event, or development occurred. This means you do not count the calendar day the event happens; instead, start counting from the next day the Department of Labor (or the relevant business office) is open. See 1955.16 for the rule.

Under 1955.16, what happens if the last day of a computed period falls on a Saturday or Sunday?

If the last day falls on a Saturday or Sunday, the period runs until the end of the next following business day. In practice, that means you get until the close of the next weekday that the Department of Labor (or the office handling the matter) is open. See 1955.16.

Under 1955.16, how are national holidays handled when they fall on the last day of a computed period?

If the last day is a national holiday (or any day the Department of Labor is closed), the period runs until the end of the next following business day. So deadlines that would otherwise fall on holidays are extended to the next day the office reopens. See 1955.16.

Under 1955.16, how do you compute a period that is 7 days or less when it includes weekends or holidays?

When the period is 7 days or less, you exclude Saturdays, Sundays, and Department of Labor holidays from the computation. That means only business days count toward the short period. See 1955.16.

Under 1955.16, if an event occurs on a Friday and the period is 3 days, what days count toward that 3-day period?

Only business days count because the period is 7 days or less; computation starts the next business day (Monday), and you exclude the weekend, so the three counted days would be Monday, Tuesday, and Wednesday (assuming no holiday). See 1955.16.

Under 1955.16, if an event occurs on November 22 and the 7-day period includes Thanksgiving (a federal holiday), how do you count days?

Because the period is 7 days or less, exclude the holiday and any weekend days from the count; start on the first business day after November 22. For example, if November 22 is a Wednesday, begin counting on Thursday but skip Thanksgiving day and any weekend days when totaling the 7 days. See 1955.16.

Under 1955.16, if a computed period longer than 7 days ends on a Sunday, do you still extend the deadline to Monday?

Yes. For any period (not just those 7 days or less), if the last day falls on a Saturday, Sunday, or a day the Department of Labor is closed, the period runs until the end of the next following business day. See 1955.16.

Under 1955.16, does the rule about starting on the first business day apply if the triggering event occurs on a day the Department of Labor is closed?

Yes. Computation still begins with the first business day following the day the act, event, or development occurred, even if that day itself was a day the Department of Labor was closed. So you start counting on the next day the office is open. See 1955.16.

Under 1955.16, how do you treat a period that begins after an event that occurs on a Friday and is longer than 7 days — do you exclude weekends within that longer period?

No. The exclusion of Saturdays, Sundays, and holidays applies only when the entire period is 7 days or less. For periods longer than 7 days, count calendar days (but extend the deadline if the last day falls on a weekend or holiday). See 1955.16.

Under 1955.16, what does ‘business day’ mean for starting and extending time periods?

A 'business day' means a day when the Department of Labor (or the appropriate office handling the matter) is open for normal business; weekends and days the Department is closed (including federal holidays) are not business days. The rule uses business days to determine the start and any extension of the deadline. See 1955.16 and 1955 for context.

Under 1955.16, if a document is served on a Friday and the response period is 7 days, what is the due date if Monday is a federal holiday?

Because the period is 7 days or less, you exclude Saturdays, Sundays, and holidays from the count and start on the first business day after the Friday (normally Monday). If Monday is a federal holiday, you would start counting on the next business day (Tuesday), and count business days until you reach seven counted days. See 1955.16.

Under 1955.16, does computing time ‘begin with the first business day following’ mean same-day filings are counted as day zero?

Yes. The day the event happens is not counted; time computation starts on the next business day, so same-day filings or actions are considered day zero for the purpose of the period. See 1955.16.

Under 1955.16, how do you handle multiple holidays inside a short (7-day or less) period?

When the period is 7 days or less, exclude all Saturdays, Sundays, and any days the Department of Labor is closed (including multiple holidays). Continue counting only business days until you reach the required number of days. See 1955.16.

Under 1955.16, if a period computed from an event ends on a day the Department of Labor is closed for an emergency, what happens to the deadline?

If the last day falls on any day the Department of Labor is closed (including emergency closures), the period is extended to the end of the next following business day. See 1955.16.

Under 1955.16, if a 5-day period begins on a Tuesday, which calendar days count?

Because the period is 7 days or less, count only business days starting the first business day after the triggering event. If the period begins on Tuesday (the first business day after the event), the five counted days would be Tuesday, Wednesday, Thursday, Friday, and the following Monday (skipping the weekend). See 1955.16.

Under 1955.16, do you include the day of service when computing a deadline for a short response period (7 days or less)?

No. You do not include the day of service; computation begins on the first business day following service and, for periods of 7 days or less, you exclude Saturdays, Sundays, and holidays from counting. See 1955.16.

Under 1955.16, if the last day of a longer than 7-day period is a federal holiday, how far is the deadline extended?

The deadline is extended to the end of the next following business day after the holiday. This extension applies to periods longer than 7 days as well as shorter periods. See 1955.16.

Under 1955.16, are Saturdays, Sundays, and holidays ever counted in short-period computations?

No. When the period being computed is 7 days or less, Saturdays, Sundays, and days the Department of Labor is closed (holidays) are excluded from the computation. See 1955.16.

Under 1955.16, how should an employer document that a deadline was extended because the last day fell on a holiday or weekend?

Document the original triggering date, note that computation starts on the first business day after that date, and record that the last day fell on a weekend or Department of Labor holiday and was therefore extended to the next business day. Keeping contemporaneous notes and copies of calendars or federal holiday schedules helps show the extension was applied correctly. See 1955.16.

Under 1955.16, if you receive a notice on a non-business day, when does a short (7 days or less) response period start?

The response period starts on the first business day after the non-business day on which the notice was received; for short periods (7 days or less), do not count weekends or holidays when totaling the days. See 1955.16.