Administrative Review Board decisions

You must file a written petition for review within 10 business days of the date of the Administrative Law Judge decision. The rule requiring this deadline is in 1981.110(a).

• The petition must "specifically identify the findings, conclusions, or orders to which exception is taken," or those issues are usually waived.
• If you miss the 10-business-day deadline, the ALJ decision normally becomes the final order of the Secretary.

The date of the postmark, facsimile transmittal, or email communication will be treated as the date of filing; if filed in person or by hand delivery, the petition is filed upon receipt. This filing rule is stated in 1981.110(a).

• Use certified mail, a dated fax receipt, or saved email headers to document the filing date if timing is important.
• If you hand-deliver, keep proof of delivery or a receipt showing the time and date.

At filing, the petition must be served on all parties, the Chief Administrative Law Judge, the Assistant Secretary of OSHA, and the Associate Solicitor, Division of Fair Labor Standards. This service requirement is described in 1981.110(a).

• Serve all parties in the case and the Chief Administrative Law Judge at the time you file with the Board.
• Also send copies of the petition and all briefs to the Assistant Secretary, Occupational Safety and Health Administration, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

A petition for review must specifically identify the findings, conclusions, or orders to which exception is taken; issues not specifically urged will ordinarily be deemed waived. The requirement appears in 1981.110(a).

• Point out the exact findings or conclusions you object to and explain why.
• General or vague objections risk waiver and may not be considered by the Board.

If a timely petition is filed, the ALJ decision remains the final order of the Secretary unless the Board notifies the parties within 30 days that it has accepted the case for review. This rule is in 1981.110(b).

• If the Board accepts the case within 30 days, the ALJ decision becomes inoperative unless and until the Board adopts it.
• A preliminary order of reinstatement issued by the ALJ stays effective during Board review unless the Board grants a stay.

The Board must issue an order notifying the parties that the case has been accepted for review within 30 days of the filing of a timely petition for review. This timeline is set out in 1981.110(b).

• If no notice of acceptance issues within 30 days, the ALJ decision remains the final order of the Secretary.

A preliminary order of reinstatement will remain effective while the Board conducts review unless the Board grants a motion to stay the order. This is stated in 1981.110(b).

• A named person may move the Board to stay (pause) a reinstatement order; the Board can grant that motion and stop the reinstatement while it reviews the case.

The Board will review the administrative law judge's factual determinations under the substantial evidence standard. This standard and review role are specified in 1981.110(b).

• ‘‘Substantial evidence’’ means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
• Legal errors by the ALJ (as opposed to factual findings) may be reviewed under different legal standards.

The Board must issue its decision within 90 days of the conclusion of the hearing. This deadline is in 1981.110(c).

• The regulation defines the conclusion of the hearing as the conclusion of all proceedings before the ALJ—typically 10 business days after the ALJ’s decision unless a motion for reconsideration is filed in the interim.
• If a motion for reconsideration is filed with the ALJ, the 90-day clock begins after those proceedings conclude.

The "conclusion of the hearing" is the conclusion of all proceedings before the Administrative Law Judge—generally 10 business days after the ALJ decision unless a motion for reconsideration is filed with the ALJ in the interim. This definition appears in 1981.110(c).

• Filing a timely motion for reconsideration with the ALJ pauses the countdown until the ALJ proceedings finish.

If the ARB concludes the party charged violated the law, it may order appropriate affirmative relief such as reinstatement, back pay, terms and conditions of employment, and compensatory damages. This remedial authority is described in 1981.110(d).

• The Board can order reinstatement to the complainant's former position with compensation (including back pay) and restoration of terms, conditions, and privileges of employment.
• At the complainant’s request, the Board may assess costs and expenses (including attorney and expert witness fees) reasonably incurred against the named person.

Yes. At the complainant’s request, the Board may assess all costs and expenses, including attorney and expert witness fees, reasonably incurred against the named person if the ARB finds a violation. This authority is provided in 1981.110(d).

• The fees awarded must be reasonable and tied to costs actually incurred by the complainant.

If the ARB concludes the party charged did not violate the law, the Board will issue an order denying the complaint. That outcome is specified in 1981.110(e).

• The Board’s order denying the complaint is subject to discretionary review by the Secretary in accordance with Secretary’s Order 01–2020 (or any successor).

If the Board determines, upon the named person’s request, that a complaint was frivolous or brought in bad faith, the Board may award reasonable attorney fees to the named person not exceeding $1,000. This limited fee award is set out in 1981.110(e).

• The award is discretionary and capped at $1,000 under the regulation.
• The named person must request the fee award and demonstrate the complaint was frivolous or in bad faith.

Yes. An ARB order is subject to discretionary review by the Secretary under Secretary’s Order 01–2020 (or any successor to that order). This supervisory review is noted in 1981.110(e).

• Discretionary review means the Secretary may choose whether to review the ARB’s decision.

If the Board accepts a case for review, it will specify the terms under which any briefs are to be filed. This procedure is described in 1981.110(b).

• The Board’s order accepting review typically sets briefing deadlines and any page limits or formatting expectations for the parties’ briefs.