Subpart C
A complainant may withdraw a complaint by notifying OSHA either orally or in writing, and OSHA will confirm the withdrawal in writing, decide whether to approve it, and notify the parties of its approval. See 1989.111(a).
No. A complainant may not withdraw the complaint after objections to the Assistant Secretary's findings and/or preliminary order have been filed. See 1989.111(b).
A party can withdraw objections by filing a written withdrawal with the Administrative Law Judge (ALJ) before the Assistant Secretary's findings and/or order become final, and the ALJ will decide whether to approve the withdrawal. See 1989.111(c).
A party may withdraw a petition for review while the case is on review with the Administrative Review Board (ARB) by filing a written withdrawal with the ARB before the ALJ's decision becomes final, and the ARB will determine whether to approve the withdrawal. See 1989.111(c).
An investigative settlement is an agreement among OSHA, the complainant, and the respondent reached anytime after a complaint is filed but before the findings/order are objected to or become final, and it may be used to resolve the case with OSHA's approval. See 1989.111(d)(1).
An adjudicatory settlement is a settlement reached after objections to the Assistant Secretary's findings or order have been filed, and it must be approved by the ALJ if the case is before the ALJ or by the ARB if the ARB has accepted the case for review. See 1989.111(d)(2).
Before the 30-day objection period expires and if no objection has been filed, the Assistant Secretary may withdraw the findings and/or preliminary order and substitute new findings and/or a new preliminary order. See 1989.111(b).
The 30-day objection period begins on receipt of the Assistant Secretary's findings and/or preliminary order and restarts on the date of receipt if the Assistant Secretary withdraws and substitutes new findings or an order. See 1989.111(b).
If objections or a petition for review are withdrawn because of settlement, the settlement must be submitted for approval in accordance with 1989.111(d).
Yes. OSHA will notify the parties, or each party's legal counsel if the party is represented, of the approval of any withdrawal. See 1989.111(a).
If the ALJ approves a withdrawal of objections and there are no other pending objections, the Assistant Secretary's findings and/or order become the final order of the Secretary. See 1989.111(c).
If the case is before the ALJ, the ALJ must approve any settlement reached after objections have been filed. See 1989.111(d)(2).
If the ARB has accepted the case for review, the ARB must approve any settlement reached after objections were filed. See 1989.111(d)(2).
If the Secretary has accepted the case for discretionary review or directed it for discretionary review, the settlement must be approved by the Secretary. See 1989.111(d)(2).
Yes. OSHA's approval of a settlement reached by the respondent and complainant demonstrates OSHA's consent and effectively reflects the consent of all three parties, which satisfies the settlement approval requirement. See 1989.111(d)(1).
Yes. A withdrawal of objections must be filed in writing with the Administrative Law Judge (ALJ) before the Assistant Secretary's findings and/or order become final; the ALJ will then determine whether to approve the withdrawal. See 1989.111(c).
If the ARB approves withdrawal of a petition for review and there are no other pending petitions for that ALJ decision, the ALJ's decision becomes the final order of the Secretary. See 1989.111(d).
A complainant may withdraw a complaint either orally or in writing, and OSHA will follow up by confirming the complainant's desire to withdraw in writing. See 1989.111(a).