Withdrawal and settlement procedures

A complainant may withdraw a complaint any time before objections to the Assistant Secretary's findings and/or preliminary order are filed, and OSHA will confirm and decide whether to approve the withdrawal. Under 1980.111(a), OSHA accepts an oral or written withdrawal, confirms the complainant's desire in writing, determines whether to approve it, and notifies the parties (and their counsel, if represented) of approval. If the withdrawal is because of a settlement, the settlement must be submitted for approval in accordance with 1980.111(d).

No — a complainant may not withdraw after objections to the Assistant Secretary's findings and/or preliminary order have been filed. This is explicitly stated in 1980.111(a), which bars complainant withdrawal once objections are filed.

The Assistant Secretary may withdraw findings or a preliminary order any time before the 30-day objection period expires and before any objection is filed, and the substituted findings or order restarts the 30-day objection period. See 1980.111(b) and the referenced 30-day period in 1980.106. The date OSHA receives the substituted findings or order begins a new 30-day objection window.

A party may withdraw objections to the Assistant Secretary's findings or order by filing a written withdrawal with the Administrative Law Judge (ALJ), and the ALJ will decide whether to approve the withdrawal. See 1980.111(c). If the ALJ approves and no other objections remain, the Assistant Secretary's findings and/or order becomes the Secretary's final order.

A party may withdraw a petition for review by filing a written withdrawal with the ARB, and the ARB will determine whether to approve the withdrawal. This procedure is set out in 1980.111(c). If the ARB approves and there are no other pending petitions, the ALJ's decision becomes the final order of the Secretary.

An investigative settlement is a settlement agreed to by OSHA, the complainant, and the respondent any time after the complaint is filed but before objections are filed or the order becomes final. 1980.111(d)(1) explains that all three parties must agree, and OSHA's approval reflects OSHA's consent and achieves the consent of all three parties.

An adjudicatory settlement is any settlement reached after objections to the Assistant Secretary's findings or order have been filed, and it must be approved by the ALJ (if the case is before the ALJ) or by the ARB (if the ARB has accepted review). See 1980.111(d)(2). A copy of the settlement is filed with the ALJ or ARB, as appropriate.

Any settlement approved by OSHA, the ALJ, or the ARB becomes the final order of the Secretary and can be enforced in federal court. 1980.111(e) states that such settlements may be enforced in U.S. district court pursuant to 1980.113.

If a complainant withdraws a complaint because of a settlement, the settlement must be submitted for approval under the settlement procedures in 1980.111(d). 1980.111(a) requires submission so OSHA or the adjudicator can approve the settlement and enter it as a final order if appropriate.

A new 30-day objection period begins on the date of receipt of the substituted findings or order. 1980.111(b) specifies that substitution restarts the 30-day objection period described in 1980.106.

If the ALJ approves the withdrawal of objections and no other objections are pending, the Assistant Secretary's findings and/or order becomes the final order of the Secretary. This outcome is described in 1980.111(c).

OSHA, the complainant, and the respondent must all agree to an investigative settlement, and OSHA's approval serves as consent that completes the settlement among all three parties. See 1980.111(d)(1) which explains that OSHA's approval demonstrates OSHA's consent and achieves the consent of all parties.

A copy of an adjudicatory settlement must be filed with the ALJ or the ARB, depending on which tribunal has the case. 1980.111(d)(2) requires filing the settlement with the appropriate adjudicative body for approval.

A party can enforce a settlement that has become the final order of the Secretary by seeking enforcement in a United States district court under the enforcement procedures set out in 1980.113, as noted in 1980.111(e).

When OSHA approves a complainant's withdrawal, OSHA will notify the parties and each party's legal counsel if they are represented. 1980.111(a) requires OSHA to notify the parties (and their counsel) of withdrawal approval.

If the case is on review with the ARB, the party should file a written withdrawal with the ARB and the ARB will determine whether to approve it. This procedure is specified in 1980.111(c). If the ARB approves and no other petitions remain, the ALJ's decision becomes final.