Objections and hearing requests

You must file any objections and a request for a hearing within 30 days of receipt of the findings and preliminary order. See 1986.106(a) and the timing reference at 1986.105(c).

• The 30‑day clock starts on the date you receive the findings and preliminary order. If you wait longer, you risk the findings and preliminary order becoming final and unreviewable.

Objections and the hearing request must be in writing and are considered filed on the date of the postmark, facsimile transmittal, or electronic transmittal; if delivered in person, they are filed upon receipt. See 1986.106(a).

• Accepted filing methods specifically mentioned are mail (postmark), fax, electronic transmittal, or in-person delivery.
• Because different methods have different rules for the filing date, keep proof of mailing, fax confirmation, or electronic receipt.

The written objections must state whether the objections are to the findings and/or to the preliminary order. See 1986.106(a).

• Be explicit: identify which parts of the findings or which specific provisions of the preliminary order you oppose.
• This helps the Chief Administrative Law Judge and other parties locate and address your objections promptly.

Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with applicable procedures, and copies must be served at the same time on the other parties of record and the OSHA official who issued the findings. See 1986.106(a).

• Follow the filing procedures (for example, those in 29 CFR part 18) used by the Office of Administrative Law Judges when submitting documents.
• Serving all parties and the issuing OSHA official is required to preserve your right to review.

If a timely objection is filed, all provisions of the preliminary order are stayed except the portion requiring preliminary reinstatement. See 1986.106(b).

• ‘‘Stayed’’ means those provisions are temporarily paused while the matter proceeds on the record.
• The reinstatement provision is not automatically stayed and has a special rule (see next Q&A).

No — the portion of the preliminary order requiring reinstatement will be effective immediately upon the respondent's receipt of the findings and preliminary order and is not automatically stayed by filing objections. See 1986.106(b).

• The respondent may, however, seek a stay of the reinstatement by filing a motion with the Office of Administrative Law Judges; that stay is available only on a showing of exceptional circumstances.

The respondent can file a motion with the Office of Administrative Law Judges asking for a stay of the Assistant Secretary's preliminary order of reinstatement, but a stay will be granted only on the basis of exceptional circumstances. See 1986.106(b).

• To pursue a stay, prepare clear evidence and legal argument demonstrating why immediate reinstatement would cause exceptional and unacceptable hardship or other extraordinary circumstances.
• Because the regulation limits stays to exceptional circumstances, consult counsel and submit supporting affidavits or documents with the motion.

If no timely objection is filed with respect to either the findings or the preliminary order, the findings and/or preliminary order become the final decision of the Secretary and are not subject to judicial review. See 1986.106(b).

• Missing the 30‑day deadline generally ends administrative review under this procedure, so act promptly if you want to preserve review rights.

Yes — any party who desires review, including judicial review, may file objections and request a hearing on the record. See 1986.106(a).

• ‘‘Party’’ includes respondents, complainants, and other parties of record in the matter.
• Each party should ensure timely filing and proper service to preserve their rights.

Yes — electronic transmittal is treated as the date of filing for determining timeliness. See 1986.106(a).

• Make sure you use an authorized electronic submission method and retain confirmation of the transmittal date to prove timely filing.

The date of facsimile transmittal (fax) is considered the date of filing for timeliness purposes. See 1986.106(a).

• Keep the fax confirmation or transmission report as proof of the fax date and time.

If the objection is filed in person, by hand-delivery, or other means of direct delivery, the objection is filed upon receipt. See 1986.106(a).

• Obtain a dated receipt or acknowledgement from the recipient at the Chief Administrative Law Judge's office to document the exact receipt date.

The respondent should promptly evaluate the reinstatement requirement and, if necessary, file a motion for stay with the Office of Administrative Law Judges showing exceptional circumstances; the reinstatement obligation is effective immediately upon receipt unless a stay is granted. See 1986.106(b).

• Prepare evidence and legal arguments demonstrating exceptional circumstances if seeking a stay.
• Simultaneously consider filing objections within the 30‑day deadline to preserve review of other provisions (those will be stayed automatically).

Objections should specifically state whether they are to the findings and/or the preliminary order and identify the parts you contest; vague or general objections risk being less effective. See 1986.106(a).

• Specific citations to findings or to numbered paragraphs of the preliminary order make it easier for the judge and opposing parties to respond.
• Attach supporting facts or legal authority where possible to strengthen your objections.

Yes — filing a timely objection stays all provisions of the preliminary order except the portion requiring preliminary reinstatement, which remains effective unless a stay is granted on exceptional circumstances. See 1986.106(b).

• This means monetary remedies, penalties, or other non-reinstatement requirements are generally put on hold during the hearing process if objections are timely filed.

You should include certificates of service or declarations that specify the names and addresses of recipients, the method of service (mail, fax, electronic, hand-delivery), and the date served. See 1986.106(a).

• Keep copies of fax confirmations, electronic transmission receipts, postal tracking, or signed acknowledgments to document service.
• Proper service is required at the time of filing to preserve review rights.

No — any party who desires review, including judicial review, must file objections and a request for a hearing on the record within 30 days of receipt of the findings and preliminary order. The regulation ties the objections and hearing request to preserving review rights. See 1986.106(a).

• To preserve the right to judicial review, explicitly request a hearing on the record when you file your objections.

Part 1986 covers procedures for handling retaliation complaints under the employee protection provision of the Seaman's Protection Act (SPA), as amended. See the Part header at 1986.

• Subpart B contains litigation procedures including objections, hearings, and final decisions such as those in 1986.106.

If an objection is not filed timely, the findings and/or preliminary order become the final decision of the Secretary and are not subject to judicial review. See 1986.106(b).

• An untimely objection typically forecloses further administrative review under this part, so missing deadlines can be dispositive; seek legal advice immediately if you miss a deadline.

File your written objection within 30 days, use a verifiable method (certified mail, confirmed fax, or authorized electronic filing), address it to the Chief Administrative Law Judge, and simultaneously serve copies on other parties and the issuing OSHA official. See 1986.106(a).

• Keep proof of mailing or electronic/fax transmission and a copy of the filing.
• If hand-delivering, obtain a signed receipt showing the date and time of delivery.