Findings and preliminary orders

The Assistant Secretary must issue written findings within 60 days of the filing of the complaint. See 1983.105(a).

• The 60-day clock starts on the date the complaint is filed.
• If the Assistant Secretary finds reasonable cause, the findings will be accompanied by a preliminary order as described in 1983.105(a)(1).

If the Assistant Secretary finds reasonable cause, they will issue findings together with a preliminary order that provides relief to the complainant. See 1983.105(a)(1).

• The preliminary order sets out what the respondent must do to remedy the violation.
• The preliminary order is intended to provide immediate and appropriate relief to the complainant while the process continues.

A preliminary order can require abatement, reinstatement (with compensation, back pay, interest, and restoration of terms and privileges), and payment of compensatory damages including costs and attorney/expert fees at the complainant’s request. See 1983.105.

• Reinstatement must include back pay and interest, with interest calculated per federal tax underpayment rates and compounded daily.
• At the complainant’s request, the order may include payment of the aggregate amount of costs and expenses reasonably incurred (including attorney and expert witness fees).

Interest on back pay is calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and is compounded daily. See 1983.105.

• This means the federal tax underpayment rate applies and interest accrues daily on unpaid back pay amounts.
• The regulation specifies the method but not the precise numeric rate (the applicable rate is set by the Internal Revenue Code provision referenced).

If the Assistant Secretary concludes that a violation has not occurred, they will notify the parties of that finding. See 1983.105(a)(2).

• That notification advises parties that OSHA did not find reasonable cause to believe retaliation occurred.
• The notification starts any timelines for objections or further administrative steps described elsewhere in the regulation.

OSHA will send the findings and, where appropriate, the preliminary order by means that allow OSHA to confirm delivery to all parties of record and each party’s legal counsel if represented. See 1983.105(b).

• The communication method must permit OSHA to confirm that the recipient received the document (for example, certified mail or a tracked delivery service).
• The notice will also inform parties of their right to object and request a hearing.

The findings and preliminary order will inform the parties of the right to object to the findings and/or order and to request a hearing, and will inform respondents of the right to request an award of attorney’s fees (up to $1,000) from the ALJ if they allege the complaint was frivolous or brought in bad faith. See 1983.105(b).

• The notice explains how to file objections and request a hearing under the procedures in the regulation.
• The respondent may seek a small award of attorney’s fees from the Administrative Law Judge under the circumstances described in the rule.

Findings and any preliminary order become effective 30 days after receipt by the respondent (or the respondent’s counsel if represented), or on the compliance date set in the preliminary order, whichever is later—unless a timely objection or request for hearing is filed as provided at 1983.106. See 1983.105(c).

• If the order sets a compliance date later than 30 days after receipt, the later date controls.
• Timely filing of objections or a hearing request under 1983.106 can stay effectiveness pending further proceedings.

Yes. Any portion of a preliminary order requiring reinstatement is effective immediately upon the respondent’s receipt of the findings and the preliminary order, regardless of whether objections or a request for hearing are filed. See 1983.105(c).

• This means the reinstatement remedy must be implemented right away even if the respondent files objections.

At the same time the Assistant Secretary issues findings, they will file with the Chief Administrative Law Judge a copy of the original complaint and a copy of the findings and/or order. See 1983.105(c).

• This filing ensures the Office of Administrative Law Judges has the case records to process objections and hearings.
• The findings and order sent to the parties will include the ALJ address or electronic filing instructions.

The findings and any preliminary order will give the address of the Chief Administrative Law Judge or appropriate information regarding filing objections electronically with the Office of Administrative Law Judges. See 1983.105(c).

• That information tells parties where and how to submit objections or requests for hearing.
• Parties should follow the instructions provided in the findings/order to ensure timely filing.

Yes. Under 1983.105(b), a respondent may request an award of attorney’s fees not exceeding $1,000 from the Administrative Law Judge regardless of whether the respondent filed objections, provided the respondent alleges that the complaint was frivolous or brought in bad faith.

• The request is made to the ALJ and is limited to $1,000 under this provision.
• The rule allows this request even if the respondent does not file objections to the findings or order.

It means OSHA will use a delivery method that provides proof the documents were received by the parties and their counsel (for example, certified mail with return receipt or a tracked delivery service). See 1983.105(b).

• Confirmed delivery helps establish the start of time periods (like the 30-day effectiveness period) tied to receipt.
• Parties should monitor the method of delivery identified in the notice to confirm they received OSHA’s documents.