Objections and hearing requests

You must file any objections and a request for a hearing within 30 days of receipt of the findings and preliminary order. See 1978.106(a).

• The 30-day period begins on the date you receive the findings and preliminary order, which is defined by receipt, postmark, fax, or electronic transmission rules in the same provision.

Objections and the request for a hearing must be filed with the Chief Administrative Law Judge, U.S. Department of Labor. See 1978.106(a).

• The filing must also follow the procedural rules in 29 CFR part 18, as referenced in 1978.106(a).
• You must serve copies on the other parties of record and the OSHA official who issued the findings at the same time you file.

The objections and request for a hearing must be in writing and must state whether the objections are to the findings and/or the preliminary order. See 1978.106(a).

• Include a clear statement that you are requesting a hearing on the record and identify whether you object to the findings, the preliminary order, or both.
• Be sure to serve copies on all parties of record and the OSHA official who issued the findings when you file.

The date of filing is the date of the postmark, facsimile transmittal, or electronic transmittal; if filed in person or hand-delivered, the filing date is the date of receipt. See 1978.106(a).

• For mailed filings, keep proof of the postmark; for fax or electronic filings, retain transmission confirmation.
• For hand-delivered filings, obtain a stamped receipt or other proof of receipt to document the filing date.

If a timely objection is filed, all provisions of the preliminary order are stayed except for the portion requiring preliminary reinstatement. See 1978.106(b).

• "Stayed" means those provisions are put on hold during the hearing process and are not enforced while the objection is pending.
• The reinstatement requirement is the one part that is not automatically stayed.

Yes — the portion of the preliminary order requiring reinstatement is effective immediately upon the respondent's receipt of the findings and preliminary order. See 1978.106(b).

• The reinstatement requirement remains effective even if the respondent files timely objections to other provisions.
• The respondent may seek a stay of reinstatement, but reinstatement is effective unless a stay is granted.

A respondent may file a motion with the Office of Administrative Law Judges requesting a stay of the Assistant Secretary's preliminary order of reinstatement, but a stay will be granted only on the basis of exceptional circumstances. See 1978.106(b).

• The motion must explain the exceptional circumstances that would justify delaying reinstatement.
• Follow the filing and motion procedures applicable to the Office of Administrative Law Judges when seeking a stay.

If no timely objection is filed with respect to either the findings or the preliminary order, the findings and/or the preliminary order become the final decision of the Secretary and are not subject to judicial review. See 1978.106(b).

• Failing to file within the 30-day deadline effectively waives further administrative or judicial review of those findings and the order.

Filing objections and a request for a hearing preserves your right to review, including judicial review, by initiating the administrative hearing process within the 30-day deadline. See 1978.106(a).

• The provision specifically ties timely filing of objections and a hearing request to preserving review rights, including judicial review.
• Make sure your written filing explicitly requests a hearing on the record to ensure review rights are preserved.

When you file objections and a request for a hearing, you must serve copies at the same time on the other parties of record and the OSHA official who issued the findings. See 1978.106(a).

• Proper service ensures all parties receive notice and can participate in the proceeding.
• Keep proof of service (certified mail receipts, fax confirmations, or electronic delivery logs) in your records.

Yes — objections must be filed with the Chief Administrative Law Judge in accordance with 29 CFR part 18, which governs the procedures for hearings before the Office of Administrative Law Judges. See 1978.106(a).

• Following 29 CFR part 18 ensures you meet procedural rules for filings, motions, evidence, and hearings.
• Failure to comply with those procedural rules can result in delays or adverse rulings on procedural grounds.

If you send your objection by electronic transmission, the date of electronic transmittal is considered the date of filing. See 1978.106(a).

• Keep electronic transmission receipts, timestamps, or delivery confirmations as proof of the filing date.
• Confirm the official electronic filing methods accepted by the Office of Administrative Law Judges to avoid issues with proof of transmission.

If your mailed objections are postmarked on the 30th day, that postmark date is considered the date of filing. See 1978.106(a).

• Retain the mailed envelope or obtain a certificate of mailing as proof of the postmark.
• If using overnight or courier services, keep tracking and delivery confirmation records.

No — non-reinstatement provisions of a preliminary order are stayed (not enforced) while timely objections are pending. See 1978.106(b).

• Only the reinstatement portion remains effective unless a stay is granted.
• "Stayed" means enforcement of those provisions is paused during the administrative hearing process.

A stay of the Assistant Secretary's preliminary order of reinstatement will be granted only on the basis of exceptional circumstances. See 1978.106(b).

• The respondent bears the burden of showing exceptional circumstances that justify delaying reinstatement.
• Prepare a detailed motion with supporting facts and evidence when requesting such a stay.

If an objection is hand-delivered, the filing date is the date of receipt, not the date when it is later logged; therefore the date it is accepted by the office controls. See 1978.106(a).

• Obtain a stamped receipt or other written acknowledgment at the time of hand-delivery to document the date of receipt.
• If possible, deliver to the designated official (Chief Administrative Law Judge's office) during business hours to avoid delays.

No — the rule states objections and a request for a hearing must be filed within 30 days of receipt to preserve review; filing late generally means the findings and preliminary order can become final and unreviewable. See 1978.106(a) and 1978.106(b).

• If you believe an extraordinary circumstance prevented timely filing, consult the applicable procedural rules in 29 CFR part 18 and consider seeking legal advice about any narrow avenues for relief.

The regulation specifically requires that the objections and request for a hearing be in writing and state whether the objections are to the findings and/or the preliminary order; it does not prescribe additional content in the text of 1978.106(a), but filings must comply with the procedural rules of 29 CFR part 18. See 1978.106(a).

• To avoid procedural defects, include a clear request for a hearing on the record, identification of the parties, and a concise statement of the issues you are objecting to in line with 29 CFR part 18 requirements.
• Check applicable OALJ filing rules for formatting, signature, and service requirements.

The respondent may file a motion with the Office of Administrative Law Judges asking for a stay of the Assistant Secretary's preliminary order of reinstatement, but such a stay will be granted only for exceptional circumstances. See 1978.106(b).

• The motion should set out facts showing why immediate reinstatement would cause undue hardship or other exceptional problems.
• Prepare supporting evidence and follow OALJ filing and motion procedures when requesting the stay.

Yes — copies of the objections must be served at the same time you file them with the Chief Administrative Law Judge. See 1978.106(a).

• Simultaneous service helps ensure the OSHA official and other parties receive timely notice.
• Retain proof of service (such as certificates of service or delivery confirmations) to document compliance.