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OSHA 1989.113

Judicial enforcement procedures

Subpart C

12 Questions & Answers

Questions & Answers

Under 1989.113, who may file a civil action to enforce a TFA order after someone fails to comply?

Under 1989.113, the Secretary and the person on whose behalf the order was issued may file civil actions to enforce the order. The regulation explicitly says the Secretary may file a civil action seeking enforcement, and it also permits "a person on whose behalf the order was issued" to file in the appropriate district court (1989.113).

Under 1989.113, what kinds of orders can be enforced in federal court?

Under 1989.113, both preliminary orders of reinstatement and final orders issued under the Taxpayer First Act (including final orders that approve settlement agreements) can be enforced in federal court. The text specifically lists preliminary orders of reinstatement and final orders, including one approving a settlement agreement (1989.113).

Under 1989.113, where may the Secretary file a civil action to enforce an order?

Under 1989.113, the Secretary may file the enforcement action in the United States district court for the district in which the violation was found to have occurred. The regulation states this venue explicitly for actions brought by the Secretary (1989.113).

Under 1989.113, where may the person on whose behalf the order was issued file an enforcement action?

Under 1989.113, a person on whose behalf the order was issued may file a civil action seeking enforcement in the appropriate United States district court. The regulation uses the phrase "appropriate United States district court" for such private enforcement actions, so the filer should choose a federal district court that has proper jurisdiction over the matter (1989.113).

Under 1989.113, can a settlement agreement that was approved by an order be enforced in federal court?

Under 1989.113, a final order that approves a settlement agreement can be enforced in federal court if the order is not complied with. The regulation explicitly includes "a final order issued under TFA, including one approving a settlement agreement" as enforceable by civil action (1989.113).

Under 1989.113, are both preliminary orders of reinstatement and final orders subject to judicial enforcement?

Under 1989.113, yes—both preliminary orders of reinstatement and final orders are subject to judicial enforcement when a person fails to comply. The provision specifically mentions enforcement of preliminary orders of reinstatement as well as final orders issued under the TFA (1989.113).

Under 1989.113, what does it mean to have "failed to comply" with an order for purposes of filing an enforcement action?

Under 1989.113, "failed to comply" means a person has not carried out the obligations set out in the preliminary order of reinstatement or the final order; noncompliance can include failing to reinstate an employee as ordered or not honoring the terms of an approved settlement. Whether specific conduct qualifies as "failure to comply" will be determined by the court in an enforcement action, and the statute provides the enforcement vehicle rather than definitions of every failure scenario (1989.113).

Under 1989.113, can both the Secretary and the individual on whose behalf the order was issued file enforcement actions for the same noncompliance?

Under 1989.113, both the Secretary and the person on whose behalf the order was issued may each file civil actions seeking enforcement of the order. The regulation allows the Secretary to file and also permits the individual or entity on whose behalf the order was issued to file in the appropriate district court (1989.113).

Under 1989.113, is there a deadline stated for filing a civil action to enforce an order after a failure to comply?

Under 1989.113, the regulation does not set a specific deadline for filing an enforcement action; it simply authorizes the Secretary or the person on whose behalf the order was issued to file in federal district court when there has been a failure to comply. Filers should act promptly and also consider other statutes of limitation or jurisdictional rules that could apply in federal court (1989.113).

Under 1989.113, what kinds of relief does filing a civil action seek when enforcing a TFA order?

Under 1989.113, filing a civil action seeks enforcement of the preliminary or final order; the regulation authorizes seeking enforcement in federal district court but does not enumerate specific remedies. The exact relief (for example, reinstatement, back pay, or other relief authorized by the order or the court) will depend on the court’s enforcement powers and the terms of the underlying order (1989.113).

Under 1989.113, how do I determine the "district in which the violation was found to have occurred" when choosing where the Secretary should file?

Under 1989.113, the "district in which the violation was found to have occurred" refers to the federal judicial district tied to the location where the agency determined the noncompliance occurred; the Secretary would file in that United States district court. To identify the correct district, check the administrative order or hearing record for the location of the violation or consult the agency’s docket entries—then file in the federal district that has geographic jurisdiction over that location (1989.113).

Under the part 1989 framework, does 1989.113 replace other enforcement options for TFA orders?

Under 1989.113, the provision provides a federal judicial enforcement option when a person fails to comply with a preliminary reinstatement order or a final TFA order, but it does not state that it replaces other available enforcement mechanisms. The rule specifically authorizes filing civil actions in district court for enforcement while remaining part of the broader Procedures for the Handling of Retaliation Complaints under the Taxpayer First Act (Part 1989 and 1989.113).