Subpart A
The Assistant Secretary issues the written findings after considering all relevant information collected during the investigation. See 1981.105(a) for the 60-day requirement and role of the Assistant Secretary.
OSHA must issue written findings within 60 days of the filing of the complaint. See the timing requirement in 1981.105(a).
A preliminary order can require abatement of the violation; reinstatement of the complainant with compensation (including back pay), terms, conditions, and privileges of employment; and payment of compensatory damages. See the list of possible relief in 1981.105(a)(1).
Yes — if the named person establishes that the complainant is a security risk (even if that information was obtained after discharge), a preliminary order of reinstatement would not be appropriate. See the security-risk exception in 1981.105(a)(1).
Yes — at the complainant's request, the preliminary order shall assess against the named person the complainant's costs and expenses (including attorney's and expert witness fees) reasonably incurred in connection with filing the complaint. See this remedial provision in 1981.105(a)(1).
If the Assistant Secretary concludes a violation has not occurred, OSHA will notify the parties of that finding. See 1981.105(a)(2) for this notification requirement.
OSHA sends the findings and preliminary order by means that allow OSHA to confirm delivery to all parties of record. The requirements for confirmed delivery and accompanying notice are described in 1981.105(b).
The letter will inform the parties of their right to file objections and to request a hearing, and it will notify the named person of the right to request attorney's fees from the administrative law judge if the named person alleges the complaint was frivolous or brought in bad faith; it will also give the Chief Administrative Law Judge's address or electronic filing information. See the required contents of the letter in 1981.105(b).
At the same time, the Assistant Secretary files with the Chief Administrative Law Judge a copy of the original complaint and a copy of the findings and order. See this filing requirement in 1981.105(b).
The findings and preliminary order become effective 60 days after receipt by the named person, unless an objection and request for a hearing is filed as provided at 1981.106. See 1981.105(c).
Yes — the portion of any preliminary order requiring reinstatement will be effective immediately upon receipt of the findings and preliminary order. See the immediate-effect provision for reinstatement in 1981.105(c).
The named person can file objections and request a hearing as explained in the letter that accompanies the findings; the rules for filing objections and requesting a hearing are provided at 1981.106. See 1981.105(b) and 1981.105(c) for the notification and effectivity details.
Yes — the named person may request attorney's fees from the administrative law judge if the named person alleges that the complaint was frivolous or brought in bad faith. This right is described in the notice provisions of 1981.105(b).
No — the regulation requires that the preliminary order provide relief where appropriate and lists examples (abatement, reinstatement with back pay, compensatory damages), but it does not mandate every form of relief in every case; the Assistant Secretary issues appropriate relief based on the case facts as described in 1981.105(a)(1).