Findings and preliminary orders

OSHA must issue written findings within 60 days of the filing of the complaint. The rule states that, after reviewing all relevant information from the investigation, "the Assistant Secretary shall issue, within 60 days of the filing of the complaint, written findings" about whether there is reasonable cause to believe retaliation occurred (1980.105(a)). If you need more time, this timeline sets the regulatory expectation for issuing findings.

If there is reasonable cause, the Assistant Secretary will issue a preliminary order that provides relief to the complainant. The regulation says that when a violation is found, the findings are "accompanied by a preliminary order providing relief to the complainant" (1980.105(a)(1)). Relief is intended to make the employee whole for the retaliation they suffered.

A preliminary order must include reinstatement with the same seniority the employee would have had but for the retaliation, back pay with interest, and compensation for special damages such as litigation costs, expert witness fees, and reasonable attorney fees. The rule requires these elements to "make the employee whole" and lists them explicitly (1980.105(a)(2)). These remedies restore the employee’s position and compensate for financial harms caused by the retaliation.

Interest on back pay is calculated using the interest rate for underpayments of taxes under 26 U.S.C. 6621 and is compounded daily. The standard explicitly states this method for calculating interest on back pay awards (1980.105(a)(2)). This means the federal tax underpayment rate applies and interest accumulates daily.

Yes — the preliminary order requires the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the proper calendar quarters. The rule states the employer must provide SSA documentation so the employee’s earnings record reflects the back pay award (1980.105(a)(2)). This helps protect the employee’s future benefits tied to earnings history.

OSHA must send the findings and any preliminary order by means that allow OSHA to confirm delivery to all parties of record (and each party’s legal counsel if represented). The regulation requires proof of delivery so parties can be sure they received the decision (1980.105(b)). Use methods that provide a delivery record, such as certified mail with return receipt or a courier that provides confirmation.

Findings and any preliminary order become effective 30 days after receipt by the respondent (or the respondent’s counsel) or on the compliance date set in the order, whichever is later. The rule specifies the 30‑day effective window unless a timely objection or request for hearing is filed under 1980.106 (1980.105(c)). This gives the respondent time to object or seek a hearing before the order becomes enforceable.

The reinstatement portion is effective immediately upon the respondent’s receipt of the findings and preliminary order, even if the respondent files objections. The regulation makes reinstatement immediately operative "regardless of any objections to the findings and/or the order" (1980.105(c)). This ensures the employee can return to work without delay when reinstatement is ordered.

The findings and any preliminary order must inform parties of the right to object, to request a hearing, and of the respondent’s right to request up to $1,000 in attorney fees from the administrative law judge if the complaint was frivolous or in bad faith. The notice must also give the address of the Chief Administrative Law Judge or how to file objections electronically (1980.105(c)). This tells parties how to contest the findings and where to file.

The Assistant Secretary must file a copy of the original complaint and a copy of the findings and/or order with the Chief Administrative Law Judge, U.S. Department of Labor. The regulation requires this filing at the same time the findings/orders are issued to the parties (1980.105(c)). That filing starts the administrative record and allows the Office of Administrative Law Judges to manage any subsequent hearing.

Yes — the respondent may request an award of attorney fees not exceeding $1,000 from the administrative law judge regardless of whether the respondent has filed objections, but only if the complaint was frivolous or brought in bad faith. The rule explicitly allows this limited fee award even without objections (1980.105(c)). The ALJ has discretion to award such fees when the complaint lacks merit and was improperly filed.

If the Assistant Secretary concludes a violation did not occur, OSHA will notify the parties of that finding. The regulation states plainly that the Assistant Secretary will inform the parties when a determination of no violation has been reached (1980.105(a)(2)). That notice ends the preliminary order process unless the party pursues other administrative options permitted by the regulations.

"Make the employee whole" means restoring the employee to the position and financial status they would have had absent the retaliation: reinstatement with the same seniority, back pay with interest, and compensation for special damages such as litigation expenses, expert fees, and reasonable attorney fees. The regulation lists these specific remedies as the components of making an employee whole (1980.105(a)(2)). This aims to undo the harm caused by the retaliatory action.

The Chief Administrative Law Judge receives a copy of the original complaint and the findings and/or preliminary order when the Assistant Secretary files them, and the findings must include the address of the Chief Administrative Law Judge or instructions for electronic filing of objections. The regulation requires this filing and notice so that any timely objections or hearing requests can be processed by the Office of Administrative Law Judges (1980.105(c)). This connects the investigative outcome to the adjudicative process.

Yes — OSHA must send the findings and any preliminary order to each party of record and to each party’s legal counsel if that party is represented, using a delivery method that allows OSHA to confirm receipt. The regulation requires confirmed delivery to both parties and their counsel when applicable (1980.105(b)). Confirmed delivery protects the record and ensures counsel are properly notified.

Yes — the findings and any preliminary order become effective 30 days after receipt or on the compliance date set forth in the preliminary order, whichever is later. That means the order may specify a compliance date later than the 30‑day default, and that later date will control (1980.105(c)). Employers should follow the compliance date in the order if it is later than the 30‑day effective date.

A party must file an objection and/or a request for hearing as provided in 1980.106 to contest the findings or preliminary order. The findings and preliminary order inform parties of this right and provide the Chief Administrative Law Judge’s address or electronic filing information (1980.105(c)). See 1980.106 for the specific procedures and timelines for filing objections and requesting a hearing.

Yes — the Assistant Secretary must consider all relevant information collected during the investigation before issuing written findings. The regulation begins by stating that after considering all relevant investigation information, the Assistant Secretary shall issue written findings within 60 days of the complaint filing (1980.105(a)). This ensures the findings are based on a complete review of the investigative record.