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OSHA 1955.18

Written comments provision

Subpart B

19 Questions & Answers

Questions & Answers

Under 1955.18 who is allowed to submit a written statement of position during a withdrawal-of-approval proceeding?

Any person who is not a party to the proceeding may submit a written statement of position. The rule specifically allows non-parties to submit a statement, but does not extend this same option to parties under 1955.18.

Under 1955.18 when can a non-party submit a written statement of position?

A non-party may submit a written statement of position at any time during the proceeding. The regulation states that such statements may be submitted "at any time during the proceeding," so there is no separate early/late deadline in 1955.18.

Under 1955.18 how many copies of the written statement must be submitted and to whom?

You must submit four copies of the written statement of position to either the Assistant Secretary or the State. The provision requires "4 copies" to be provided to either official in 1955.18.

Under 1955.18 can a non-party's written statement be used as evidence in the proceeding?

Yes — a non-party's written statement may be introduced into evidence, but only by a party to the proceeding. The regulation provides that the statement "may be introduced into evidence by a party," and also requires the statement to be made available to all parties as described in 1955.18.

Under 1955.18 does the regulation require that non-party statements be shared with the parties?

Yes — a non-party's written statement must be made available to all parties to the proceeding. The text of 1955.18 explicitly states the statement "shall be made available to all parties."

Under 1955.18 will a simple statement of approval or opposition be treated the same as a documented submission?

No — a mere statement of approval or opposition without documentary support will not be considered under this provision. The regulation says that such unsupported statements "shall not be considered as falling within this provision," so you should include documentary evidence if you want the statement to be treated as a formal submission under 1955.18.

Under 1955.18 what types of documentation should I include to avoid being treated as a mere statement of approval or opposition?

You should include factual or documentary support such as data, reports, affidavits, analysis, or other records that back up your position. The regulation excludes "mere statements of approval or opposition without any documentary support," so providing supporting documents helps ensure your submission is considered under 1955.18.

Under 1955.18 can an organization (like a union or trade association) that is not a formal party submit a written statement?

Yes — any person or organization that is not a party may submit a written statement of position. The provision applies broadly to "any person who is not a party," so an organization that is not a named party may use this process as described in 1955.18.

Under 1955.18 if I am a named party in the proceeding, can I use this non-party submission process?

No — this particular provision is limited to persons who are not parties. It applies to "any person who is not a party," so parties should follow the procedures established for parties rather than the non-party written-statement procedure described in 1955.18.

Under 1955.18 does the rule say how the four copies must be delivered (mail, in-person, email)?

The regulation specifies submission of four copies to the Assistant Secretary or the State but does not describe delivery methods. Because 1955.18 itself is silent on delivery method, you should follow any procedural notices for the proceeding or contact the Assistant Secretary's office or the State office for instructions.

Under 1955.18 are non-party written statements automatically part of the official record?

No — non-party statements are made available to all parties and may be introduced into evidence by a party, but the regulation does not say they automatically become part of the record without a party's action. The provision states the statement "may be introduced into evidence by a party," which means a party must take the step to offer it into evidence under 1955.18.

Under 1955.18 what should a non-party expect after submitting four copies of a written statement?

Your submission will be made available to all parties, and one or more parties may choose to introduce it into evidence. The regulation requires that the statement "shall be made available to all parties" and notes it "may be introduced into evidence by a party," so the practical result is distribution to parties and potential use in the proceeding as described in 1955.18.

Under 1955.18 can a party refuse to use a non-party's written statement as evidence?

Yes — the rule gives parties the option to introduce a non-party's statement into evidence, it does not require them to do so. The regulation states the statement "may be introduced into evidence by a party," indicating it is permissive, as found in 1955.18.

Under 1955.18 does the provision limit the substance or length of a non-party's written statement?

No — the regulation does not specify limits on content length or format beyond requiring a written statement and four copies; however, unsupported expressions of mere approval or opposition are excluded. For the exact requirement and limitation on unsupported statements, see 1955.18.

Under 1955.18 if I am a State official receiving a submission, what am I required to do with a non-party's written statement?

If you are the State receiving the submission, you must make the written statement available to all parties and acknowledge that a party may introduce it into evidence. The regulation requires that the statement "shall be made available to all parties" and notes it "may be introduced into evidence by a party," as stated in 1955.18.

Under 1955.18 does the regulation address confidentiality of non-party submissions?

No — the regulation does not address confidentiality, only that the statement "shall be made available to all parties." Because 1955.18 is silent on confidentiality, anyone concerned about sensitive information should consider redaction or consult the relevant office before submitting.

Under 1955.18 can a non-party include exhibits or attachments with their written statement?

Yes — including exhibits or attachments counts as documentary support and helps avoid being treated as a mere statement of approval or opposition. The provision excludes "mere statements of approval or opposition without any documentary support," so attaching supporting documents is consistent with the intent of 1955.18.

Under 1955.18 must a non-party use a specific form or cover sheet when submitting four copies?

No specific form or cover sheet is required by the text of the regulation; it only requires a written statement of position and four copies. Because 1955.18 does not prescribe a form, follow any procedural instructions issued for the specific proceeding or contact the Assistant Secretary or State office for guidance.

Under 1955.18 what happens if someone submits only one copy or more than four copies?

The regulation requires submission of four copies but does not describe outcomes for incorrect numbers of copies. To ensure your statement is handled as intended under 1955.18, provide the required four copies or contact the Assistant Secretary's office or State office for instructions if you cannot comply exactly.