OSHA 1981.113
Judicial enforcement procedures
Subpart C
10 Questions & Answers
Questions & Answers
Under 1981.113 when can a civil action be filed in court?
A civil action can be filed when any person has failed to comply with a preliminary order of reinstatement, a final order, or the terms of a settlement agreement. This trigger for filing is set out in 1981.113.
Under 1981.113 where must the civil action be filed to enforce an order?
The civil action must be filed in the United States district court for the district in which the violation was found to have occurred. See 1981.113 for the venue requirement.
Under 1981.113 what types of failures to comply allow judicial enforcement?
Judicial enforcement may be sought when there is a failure to comply with any of the following: a preliminary order of reinstatement, a final order, or the terms of a settlement agreement. The regulation lists these specific bases for filing a civil action in 1981.113.
Under 1981.113 does the regulation limit who can bring the enforcement suit to only federal officials?
No; the regulation allows either the Secretary or a person on whose behalf the order was issued to bring the enforcement suit. This dual option is explicitly provided in 1981.113.
Under 1981.113 can a settlement agreement be enforced in court if its terms are ignored?
Yes; if the terms of a settlement agreement are not complied with, the Secretary or the person on whose behalf the settlement was issued may file a civil action to enforce it in the appropriate United States district court. The authority to do so is stated in 1981.113.
Under 1981.113 does the regulation specify which district court has jurisdiction over enforcement actions?
Yes; jurisdiction lies with the United States district court for the district where the violation was found to have occurred. This venue specification is in 1981.113.
Under 1981.113 what triggers enforcement after a preliminary order of reinstatement?
Enforcement may be triggered when any person fails to comply with a preliminary order of reinstatement; at that point, the Secretary or the person on whose behalf the order was issued may file a civil action to enforce it. The triggering condition is described in 1981.113.
Under 1981.113 must the person bringing the suit be the original complainant?
The regulation does not require the filer to be the original complainant; it allows the Secretary or any person on whose behalf the order was issued to file suit. Whether that person is the original complainant is not specified in 1981.113.