Objections and hearing requests

You must file any objections and/or a request for a hearing within 30 days of receipt of the findings and preliminary order.

• The 30-day clock begins on the date you receive the findings and preliminary order as described in 1988.106(a).
• See also the related filing rules in 1988.106.

You must file your written objections and/or hearing request with the Chief Administrative Law Judge, U.S. Department of Labor, and serve copies 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.

• This filing and service requirement is stated in 1988.106(a).
• Filing must also comply with procedures set out in 1988.106.

Your written objection or hearing request must state whether the objections are to the findings, to the preliminary order, and/or whether there should be an award of attorney fees.

• If you are seeking attorney fees because you allege the complaint was frivolous or brought in bad faith, include that request in the same written filing as required by 1988.106(a).
• See also the general procedural requirements in 1988.106.

For filing deadlines, the date of the postmark, facsimile transmittal, or electronic transmittal is considered the date of filing; if you file in person (including hand-delivery), the filing date is the date of receipt.

• These rules on the date of filing are set out in 1988.106(a).
• Make sure you keep proof of the postmark, fax confirmation, or electronic transmittal for your records.

Filing a timely objection stays all provisions of the preliminary order except the portion requiring preliminary reinstatement, which is not automatically stayed.

• This stay rule is explained in 1988.106(b).
• The portions other than reinstatement are held in abeyance while the objection is pending.

The portion of the preliminary order requiring reinstatement becomes effective immediately upon the respondent's receipt of the findings and preliminary order, even if objections are filed.

• This immediate effect for reinstatement is specified in 1988.106(b).
• If the respondent wants to suspend reinstatement, they must seek a separate stay as allowed under the same section.

A respondent seeking to stop the automatic reinstatement must file a motion with the Office of Administrative Law Judges for a stay, and the stay will be granted only based on exceptional circumstances.

• The process and standard for a stay of reinstatement are described in 1988.106(b).
• Because the standard is "exceptional circumstances," plan to document specific and compelling reasons when you request the stay.

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.

• This finality rule is stated in 1988.106(b).
• Timely filing is therefore essential to preserve the right to further review.

Any party who desires review, including seeking judicial review, of the findings and/or preliminary order may file objections and/or request a hearing; additionally, a respondent who alleges the complaint was frivolous or brought in bad faith may seek attorney fees.

• This eligibility to file objections and requests for review is set out in 1988.106(a).
• See the general part 1988.106 for context on litigation procedures.

No — a request for attorney fees under MAP–21 must be filed within the same 30‑day filing and should be included in the written objections and/or request for a hearing; it must state whether there should be an award of attorney fees.

• The rule requiring the attorney-fee request to be part of the written filing is in 1988.106(a).
• The respondent alleging frivolous or bad‑faith complaints should make the fee request explicit in that filing.

Section 1988.106(a) requires that objections and requests for a hearing be filed within 30 days of receipt of the findings and preliminary order pursuant to 1988.105.

• In other words, follow the timing and receipt rules in 1988.105 when calculating and making your filing as described in 1988.106(a).
• Review both sections together to ensure compliance with procedural requirements.

If you hand-deliver or otherwise file the objection in person, it is considered filed upon receipt by the appropriate office.

• The rule that in-person filings are "filed upon receipt" is stated in 1988.106(a).
• Keep a dated receipt or other proof of delivery showing the date and time of receipt.

Yes — filing timely objections and/or a request for a hearing preserves your right to seek review, including judicial review, of the findings and/or preliminary order.

• The rule preserving review when objections are timely is described in 1988.106(a).
• If no timely objection is filed, the findings and/or preliminary order become final and are not subject to judicial review, per 1988.106(b).