1989 Subpart B
You must file any objections and/or a request for a hearing within 30 days of receipt of the findings and preliminary order. This 30‑day deadline is set out in 1989.106(a) and applies whether you want administrative or judicial review.
Your written objections and request for a hearing must state whether the objections are to the findings, the preliminary order, or both, and whether you are requesting an award of attorney fees. The requirement that the objections and request be in writing and identify whether they challenge the findings, the preliminary order, or both is in 1989.106(a).
The postmark, facsimile transmittal, or electronic transmittal date is treated as the date of filing; if you file in person or by hand delivery, the filing date is the date of receipt. This filing-date rule is in 1989.106(a).
You must file objections with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with applicable procedures, and you must 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 specified in 1989.106(a).
If you file a timely objection, all provisions of the preliminary order are stayed except the portion requiring preliminary reinstatement, which is not automatically stayed. The stay rule is explained in 1989.106(b).
No; the portion of the preliminary order requiring reinstatement is effective immediately upon the respondent's receipt of the findings and preliminary order and is not automatically stayed by filing objections. That immediate-effect rule is in 1989.106(b).
A respondent may file a motion with the Office of Administrative Law Judges seeking a stay of the Assistant Secretary's preliminary order of reinstatement, but such a stay will be granted only on a showing of exceptional circumstances. This procedure and the high standard for granting a stay are described in 1989.106(b).
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. That finality rule is stated in 1989.106(b).
Yes; a respondent who alleges the complaint was frivolous or brought in bad faith and who seeks an award of attorney fees under the TFA must file objections and a request for attorney fees within the 30‑day filing period and must state the request in writing. This requirement is set out in 1989.106(a).
Yes; electronic transmittal is treated as a valid filing method and the date of electronic transmittal is considered the date of filing, and OSHA and the Associate Solicitor may specify electronic means for serving copies. The acceptance of electronic filings and the filing-date effect are described in 1989.106(a).
Objections must be filed with the Chief Administrative Law Judge in accordance with the procedures applicable to that office, as referenced in the rule; see 1989.106(a) and the general rule page 1989 for the overall part numbering.
OSHA and the Associate Solicitor for Fair Labor Standards may specify the means, including electronic means, for serving them with copies of the objections. That authority to specify service methods is stated in 1989.106(a).
Yes; filing timely objections and/or a request for a hearing within the 30‑day period preserves a party's right to seek review, including judicial review, of the findings and/or preliminary order. The requirement to file objections to pursue review is in 1989.106(a).
You should file a written objection within 30 days that specifically states the objection is to the preliminary order (and not the findings) and, if applicable, request a hearing or attorney fees; the rule requires you to state whether objections are to the findings, the preliminary order, or both, as set out in 1989.106(a).