Findings and preliminary orders

OSHA must issue written findings within 60 days of the filing of the complaint. See 1988.105(a) for the 60-day requirement.

If OSHA finds reasonable cause, the Assistant Secretary will issue a preliminary order providing relief to the complainant along with the findings. See 1988.105(a)(1).

A preliminary order can require reinstatement, back pay and interest, compensatory damages (including requested attorney and expert witness fees), and affirmative action to abate the violation. The order can also require the respondent to submit documentation to the Social Security Administration allocating any back pay to the proper calendar quarters. See 1988.105(a)(2).

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 1988.105(a)(2) for the interest calculation rule.

The respondent must submit appropriate documentation to the Social Security Administration that allocates any back pay award to the appropriate calendar quarters. See 1988.105(a)(2).

OSHA must send findings and any preliminary order by means that allow OSHA to confirm delivery to all parties of record and to each party’s legal counsel if represented. See 1988.105(b).

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 order, whichever is later, unless a timely objection and/or request for a hearing is filed as provided at 1988.106. See 1988.105(c) and 1988.106.

Yes. A timely objection and/or request for a hearing, filed as provided at 1988.106, prevents the findings and preliminary order from becoming effective on the 30th day and initiates the administrative process for resolving the objections. See 1988.105(c).

The findings and any preliminary order must inform the parties of the right to object to the findings and/or order and to request a hearing, and must give the address of the Chief Administrative Law Judge or information about filing objections electronically with the Office of Administrative Law Judges. See 1988.105(c).

Yes. The respondent may request an award of attorney fees not exceeding $1,000 from the Administrative Law Judge if the respondent alleges the complaint was frivolous or brought in bad faith, regardless of whether the respondent filed objections. See 1988.105(c).

If OSHA concludes that a violation has not occurred, the Assistant Secretary will notify the parties of that finding. See 1988.105(a)(2).

At the same time the findings and any preliminary order are issued, the Assistant Secretary files with the Chief Administrative Law Judge a copy of the original complaint and a copy of the findings and/or order. See 1988.105(c).

Yes. The findings and any preliminary order must be sent in a way that allows OSHA to confirm delivery to each party’s legal counsel if the party is represented, as well as to all parties of record. See 1988.105(b).

The Assistant Secretary reviews the investigation and issues written findings as to whether there is reasonable cause to believe retaliation occurred; if reasonable cause is found, the Assistant Secretary issues a preliminary order providing relief. See 1988.105(a) and 1988.105(a)(1).