Subpart B
You must file a written petition for review within 14 days of the date of the ALJ’s decision. See 1986.110(a), which explains the 14‑day filing deadline.
The date of filing is the postmark date, the facsimile transmittal date, or the electronic communication transmittal date; if you file in person or by hand delivery the petition is filed on receipt. This is specified in 1986.110(a).
The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. This service requirement is set out in 1986.110(a).
Yes. Copies of the petition for review and all briefs must be served on the Assistant Secretary and, when the Assistant Secretary is a party, on the Associate Solicitor, Division of Occupational Safety and Health. See 1986.110(b).
If a timely petition is filed, the ALJ decision becomes the final order of the Secretary unless the ARB notifies the parties within 30 days that it has accepted the case for review. See 1986.110(b).
If the ARB accepts the case for review, the ALJ decision is inoperative unless and until the ARB issues an order adopting it. This is stated in 1986.110(b).
Yes. Any order of reinstatement issued by the ALJ will remain effective during ARB review unless the ARB grants the respondent’s motion to stay that order based on exceptional circumstances. See 1986.110(b).
The ARB reviews the ALJ’s factual determinations under the substantial evidence standard. See 1986.110(b).
If no timely petition for review is filed, the ALJ’s decision becomes the final order and that final order is not subject to judicial review. See 1986.110(c).
The ARB will issue its decision within 120 days of the conclusion of the hearing (which is deemed to be 14 days after the ALJ decision unless a motion for reconsideration is filed). See 1986.110(d).
If a motion for reconsideration is filed with the ALJ, the conclusion of the hearing is the date the motion is ruled upon or 14 days after a new decision is issued. See 1986.110(d).
The ARB’s decision will be served upon all parties, the Chief Administrative Law Judge, the Assistant Secretary, and the Associate Solicitor, Division of Occupational Safety and Health. See 1986.110(d).
The ARB can order relief including affirmative action to abate the violation; reinstatement with the same pay and terms; payment of compensatory damages (back pay with interest and special damages, including litigation costs, expert fees, and reasonable attorney fees); and punitive damages up to $250,000. See 1986.110(d).
Interest on back pay is calculated using the interest rate for underpayment of taxes under 26 U.S.C. 6621 and is compounded daily. This calculation method is specified in 1986.110(d).
Yes. The ARB may award punitive damages up to $250,000. See 1986.110(d).
If the ARB concludes the respondent did not violate the law, it will issue an order denying the complaint. That order is subject to discretionary review by the Secretary. See 1986.110(e).
Yes. Orders issued by the ARB—whether granting relief or denying the complaint—are subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor). See 1986.110(d) and 1986.110(e).
A petition for review should identify the legal conclusions or orders to which the filer objects; failure to identify specific objections may result in those objections being deemed waived. This requirement is in 1986.110(a).
The ARB will specify the terms and schedule under which briefs are to be filed when it accepts a case for review. See 1986.110(b).
Yes. A respondent can move the ARB to stay an ALJ’s reinstatement order during review, but the ARB will grant such a stay only for exceptional circumstances. This standard is described in 1986.110(b).