Objections and hearing requests

You must file any objections and/or a request for a hearing within 30 days of receipt of the findings and preliminary order. See 1979.106(a) for the 30-day deadline and 1979 for the part overview.

Objections and/or a request for a hearing must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with 29 CFR part 18. See 1979.106(a) for filing location and procedures.

Your written filing must state whether you object to the findings, the preliminary order, and/or whether there should be an award of attorney’s fees. See 1979.106(a).

• Be explicit about which parts you challenge (findings, preliminary order).
• If seeking attorney’s fees, say that the complaint was frivolous or brought in bad faith and request the fees in writing.

The filing date is the date of the postmark, facsimile transmittal, or electronic transmittal; if filed in person (hand-delivery or other means), it is filed upon receipt. See 1979.106(a) for the filing-date rules.

• Keep records of the postmark, fax confirmation, or electronic transmission receipt to prove timely filing.

You must serve copies at the same time on the other parties of record, the OSHA official who issued the findings and order, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. See 1979.106(a).

• Serving these parties simultaneously helps ensure the case proceeds without procedural delays.

If a timely objection is filed, all provisions of the preliminary order are stayed except the portion requiring preliminary reinstatement. See 1979.106(b)(1).

• "Stayed" means those other provisions are put on hold until the hearing or further order.
• The reinstatement requirement continues to be effective immediately.

No; the portion of the preliminary order requiring preliminary reinstatement is not stayed and becomes effective immediately upon the named person's receipt of the findings and preliminary order, even if objections are filed. See 1979.106(b)(1).

• Prepare to comply with reinstatement requirements immediately once you receive the order.

If no timely objection is filed, the findings or preliminary order become the final decision of the Secretary and are not subject to judicial review. See 1979.106(b)(2).

• Failing to object within the 30-day window removes the option to seek review or a hearing.

Yes; a named person alleging that the complaint was frivolous or brought in bad faith may request an award of attorney’s fees, but must do so in writing within the 30-day filing period and state that request in the objections. See 1979.106(a).

• Clearly state the basis for attorney’s fees (frivolous or bad faith) and include the fee request in your written filing.

Filing a timely objection and/or request for a hearing preserves the opportunity for review, including judicial review, because it initiates review procedures within the required 30-day period. See 1979.106(a).

• If you do not file a timely objection, you forfeit the ability to seek judicial review as stated in 1979.106(b)(2).

Yes; objections must be filed with the Chief Administrative Law Judge in accordance with 29 CFR part 18, so you must follow the filing and procedural rules in that part. See 1979.106(a) and 1979 for the part overview.

• Check 29 CFR part 18 for administrative law judge filing formats, service rules, and procedural deadlines.

You should rely on the receipt date method described in 1979.105(b) and use documentation such as delivery receipts, certified mail return receipts, or electronic timestamps to establish the date of receipt referenced in 1979.106(a).

• Keep any postal or electronic confirmation that shows when you received the findings to support a timely filing.

Yes; the date of electronic transmittal will be considered the filing date for objections and requests for a hearing, per 1979.106(a).

• Retain the electronic transmission record (sent receipt, timestamp) as proof of filing on time.

Objections and requests for a hearing must be in writing; oral requests do not meet the requirement in 1979.106(a).

• Ensure the written submission clearly states what you are objecting to and whether you seek attorney’s fees.

An employer should promptly comply with the preliminary reinstatement requirement because it is effective immediately upon the named person's receipt of the findings and preliminary order, regardless of any objections, per 1979.106(b)(1).

• Review the reinstatement terms, take steps to return the employee to work, and document compliance to avoid further penalties.