Objections and hearing requests

Any party who wants review (including judicial review) of the findings and/or preliminary order, or a respondent alleging the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file objections and/or a written request for a hearing within 30 days of receipt of the findings and preliminary order under 1987.106(a).

• The 30-day clock runs from receipt as governed by 1987.105.

The written objection or request for a hearing must state whether the objections are to the findings, the preliminary order, and/or whether there should be an award of attorney fees, so the filing clearly identifies what relief or review is being sought see 1987.106(a).

• If requesting attorney fees, a respondent alleging frivolous or bad-faith prosecution must include that request in the same timely filing.

Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and copies must be served at the same time on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor see 1987.106(a).

• Follow the filing and service rules in 1987.106(a) to ensure your objections are accepted.

The date of the postmark, facsimile transmittal, or electronic transmittal is considered the date of filing; if the objection is filed in person, by hand-delivery or other means, the objection is filed upon receipt see 1987.106(a).

• Keep proof (postmark receipt, fax confirmation, electronic timestamp, or signed delivery receipt) to document your filing date.

If a timely objection is filed, all provisions of the preliminary order are stayed except for the portion requiring preliminary reinstatement, which is not automatically stayed see 1987.106(b).

• This means monetary relief or other directives in the preliminary order are paused while the matter proceeds, but reinstatement takes effect immediately unless a stay is granted.

The portion of the preliminary order requiring reinstatement becomes effective immediately upon the respondent's receipt of the findings and preliminary order, regardless of any objections to the order see 1987.106(b).

• Receipt date controls; keep records proving when the respondent received the findings and preliminary order.

A respondent can seek a stay of the Assistant Secretary's preliminary order of reinstatement by filing a motion with the Office of Administrative Law Judges, but such a stay will be granted only based on exceptional circumstances see 1987.106(b).

• The respondent bears the burden of showing exceptional circumstances to justify delaying reinstatement.

If no timely objection is filed with respect to either the findings or the preliminary order, the findings and/or the preliminary order become the final decision of the Secretary and are not subject to judicial review see 1987.106(b).

• Failing to object within the deadline forecloses later court review of those matters.

Yes. A single timely written filing may include objections to the findings, a request for a hearing on the record, and a request for attorney fees; the filing must expressly state whether objections are to the findings, the preliminary order, and/or whether there should be an award of attorney fees see 1987.106(a).

• Clearly label each request within the filing so recipients know exactly what relief you seek.

Yes. The objection must be in writing and state whether it is to the findings, the preliminary order, or whether there should be an award of attorney fees, so the administrative record and opposing parties know the scope of the challenge see 1987.106(a).

• Ambiguous filings risk denial for failing to state grounds for review.

A respondent alleging that the complaint was frivolous or brought in bad faith may seek an award of attorney fees, but that request must be filed in writing within 30 days of receipt of the findings and preliminary order as specified in 1987.106(a).

• The request should include factual support for the claim that the complaint was frivolous or brought in bad faith.

Copies of objections must be served at the same time on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor see 1987.106(a).

• Serve all listed recipients promptly and retain proof of service (e.g., certificates of service or delivery confirmations).

Yes. The filing of objections is to be made with the Chief Administrative Law Judge in accordance with 29 CFR part 18, which contains the Office of Administrative Law Judges' procedural rules governing hearings and filings see 1987.106(a).

• Consult 29 CFR part 18 for deadlines, motion practice, and technical filing requirements before submitting your objection or hearing request.

When filing by facsimile or electronic transmittal, keep the transmission confirmation or electronic timestamp because the date of facsimile or electronic transmittal is treated as the date of filing under 1987.106(a).

• Retain a recorded copy of the transmitted filing and any sent/received receipts to prove timely filing if challenged.

Yes. Filing a timely objection preserves the party's right to seek review (including judicial review) of the findings and/or preliminary order; conversely, failing to file a timely objection causes the findings and/or preliminary order to become final and not subject to judicial review see 1987.106(b).

• Timely filing is the critical step to keep court review options open.

If the objection is mailed, the date of the postmark is considered the date of filing, so a postmark within 30 days satisfies the filing deadline even if delivery occurs later see 1987.106(a).

• Keep the mailed item return receipt or postmark evidence to document timely filing.

If an objection is filed in person or by hand-delivery, it is filed upon receipt by the appropriate office, so the filing date is the date the office actually receives the document see 1987.106(a).

• Obtain a stamped receipt or signed acceptance to prove the date of receipt.

A respondent should promptly determine the receipt date, prepare any objections and requests for a hearing or attorney fees, and file them in writing within 30 days as required by 1987.106(a) to preserve review rights and to address immediate reinstatement obligations under 1987.106(b).

• Document receipt and maintain proof of filing and service.

When objections are timely filed, provisions like backpay or other non-reinstatement remedies in the preliminary order are stayed, but the reinstatement requirement becomes effective immediately upon the respondent's receipt of the findings and preliminary order and is not automatically stayed see 1987.106(b).

• If the respondent wishes to delay reinstatement, they must move for a stay with the Office of Administrative Law Judges and show exceptional circumstances.