Objections and hearing requests

You must file any objections and/or a request for a hearing within 60 days of receipt of the findings and preliminary order. See 1981.106(a) and the deadline reference in 1981.105(b).

• The 60-day clock starts on the date you receive the findings and preliminary order as described in 1981.105(b).

Your written objection or request for a hearing must state whether you object to the findings, the preliminary order, and/or whether there should be an award of attorney’s fees. See 1981.106(a).

• If you are seeking attorney’s fees, state that and explain why (for example, alleging the complaint was frivolous or brought in bad faith).

You must file objections with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with 29 CFR part 18. See 1981.106(a) and the part 1981 overview.

• At the same time you file, you must serve copies on the other parties of record, the OSHA official who issued the findings and order, and the Associate Solicitor, Division of Fair Labor Standards.

The date of the postmark, facsimile transmittal, or electronic transmittal will be considered the date of filing; if filed in person or by hand-delivery, the objection is filed upon receipt. See 1981.106(a).

• Use certified mail or retain proof of electronic or fax transmission to document your filing date.

When you file objections or a hearing request, 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. See 1981.106(a).

• Failing to timely serve these parties could affect the processing of your objections.

If a timely objection is filed, all provisions of the preliminary order are stayed except the portion requiring preliminary reinstatement, which is not automatically stayed. See 1981.106(b)(1).

• The named person receives immediate effect of the reinstatement portion upon receiving the findings and preliminary order, even if they file objections.

Yes, the named person may file a motion with the Office of Administrative Law Judges to request a stay of the Assistant Secretary's preliminary order reinstatement. See 1981.106(b)(1).

• Until the Office of Administrative Law Judges grants such a stay, the reinstatement portion remains effective immediately upon receipt.

If no timely objection is filed with respect to either the findings or the preliminary order, the relevant document becomes the final decision of the Secretary and is not subject to judicial review. See 1981.106(b)(2).

• Failing to object within the 60-day window generally waives your right to administrative and judicial review of that decision.

Any party who desires review, including judicial review, may file objections and/or request a hearing on the record within the 60-day period. See 1981.106(a).

• This includes the named person, the employer, or other parties of record who were part of the case.

A named person alleging that the complaint was frivolous or brought in bad faith can seek an award of attorney’s fees by requesting it in their objection and/or hearing request. See 1981.106(a).

• The written filing must assert the claim for fees and the factual basis (frivolous or bad faith) to preserve the request.

Yes, filing by facsimile transmittal or electronic transmittal is considered to have been filed on the date of that transmittal, which protects your filing date even if a later physical copy is delayed. See 1981.106(a).

• Keep transmission confirmations or electronic delivery receipts as proof of the filing date.

Filings with the Chief Administrative Law Judge must be made in accordance with 29 CFR part 18, which governs practice and procedure before administrative law judges. See 1981.106(a) and the part 1981 overview.

• Follow the format, service, and timing rules in 29 CFR part 18 when preparing and submitting your objections or motions.

The portion of the preliminary order requiring reinstatement becomes effective immediately upon the named person's receipt of the findings and preliminary order, regardless of any objections. See 1981.106(b)(1).

• The named person may still move the Office of Administrative Law Judges for a stay of that reinstatement, but it is not automatically stayed by filing objections.

If you hand-deliver or otherwise deliver the objection in person, the objection is filed upon actual receipt by the Office (the date the Office receives it). See 1981.106(a).

• Make sure you obtain a receipt or stamped copy showing the date and time of delivery to prove the filing date.

Yes, any party of record who desires review may file objections and/or request a hearing within the 60-day period; the rule is not limited solely to the named person or employer. See 1981.106(a).

• Ensure you are a listed party of record and comply with the filing and service requirements when submitting objections.