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OSHA 1986.113

Judicial enforcement procedures

Subpart C

10 Questions & Answers

Questions & Answers

Under 1986.113, who can file a civil action to enforce an SPA order?

Under 1986.113, the Secretary may file a civil action to enforce an order. The rule states that when any person fails to comply with a preliminary order of reinstatement or a final order (including one approving a settlement under the Seaman's Protection Act), the Secretary may seek enforcement in federal court in the appropriate district. See 1986.113.

Under 1986.113, when may the Secretary file a civil enforcement action?

Under 1986.113, the Secretary may file a civil enforcement action whenever any person has failed to comply with a preliminary order of reinstatement or a final order issued under the SPA. This includes final orders that approve settlement agreements. See 1986.113.

Under 1986.113, what kinds of orders can be enforced by filing a civil action?

Under 1986.113, civil enforcement can be used to enforce preliminary orders of reinstatement and final orders, including final orders that approve settlement agreements issued under the Seaman's Protection Act. The provision explicitly includes settlement-approval orders as enforceable. See 1986.113.

Under 1986.113, where must the Secretary file the civil enforcement action?

Under 1986.113, the Secretary must file the civil enforcement action in the United States district court for the district in which the violation was found to have occurred. The regulation specifies the district court with geographic jurisdiction tied to where the violation was found. See 1986.113.

Under 1986.113, does judicial enforcement occur in federal or state court?

Under 1986.113, judicial enforcement occurs in federal court. The Secretary may file a civil action in the United States district court for the district where the violation was found. See 1986.113.

Under 1986.113, can the Secretary use civil enforcement if a settlement approved under the SPA is not followed?

Under 1986.113, yes—the Secretary may seek civil enforcement if a settlement agreement approved as part of a final SPA order is not complied with. The regulation explicitly includes final orders that approve settlement agreements. See 1986.113.

Under 1986.113, is the Secretary required to file a civil action when an order is not followed, or is filing discretionary?

Under 1986.113, filing is discretionary—the Secretary may, but is not required to, file a civil action to enforce an order. The regulation uses permissive language ("may file"), which gives the Secretary the option to pursue judicial enforcement. See 1986.113.

Under 1986.113, does the enforcement provision apply to preliminary reinstatement orders?

Under 1986.113, yes—it applies to preliminary orders of reinstatement. If any person fails to comply with a preliminary reinstatement order, the Secretary may seek enforcement by filing a civil action in the appropriate U.S. district court. See 1986.113.

Under 1986.113, which statute's procedures does this enforcement rule belong to?

Under 1986.113, this enforcement rule is part of the procedures for handling retaliation complaints under the Employee Protection Provision of the Seaman's Protection Act (SPA). The part title identifies the rule as part of the SPA enforcement procedures. See 1986 and 1986.113.

Under 1986.113, what determines the appropriate district court for filing an enforcement action?

Under 1986.113, the appropriate district court is determined by the district in which the violation was found to have occurred; the Secretary may file the civil enforcement action in that U.S. district court. See 1986.113.