Objections and review procedures

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 1991.106(a) and the filing is made pursuant to the procedures in 1991.105.

• File in writing and be sure to track the receipt or postmark to prove timeliness.

The date of the postmark, facsimile transmittal, or electronic transmittal is considered the official date of filing; if you file in person or by hand delivery the filing date is the date of receipt. This rule is stated in 1991.106(a).

• Keep proof: save the postal receipt, fax confirmation, or electronic transmission receipt to demonstrate the filing date.

Objections and requests for a hearing must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with 29 CFR part 18. This filing location requirement appears in 1991.106(a).

• At the same time, you must serve copies 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.

The written objection or request for hearing must state whether the objections are to the findings, the preliminary order, or both, and must identify whether you are requesting an award of attorney fees. This content requirement is specified in 1991.106(a).

• If seeking attorney fees under CAARA, explicitly state the basis for the fee request in the filing.

When you file objections, 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 service requirement is in 1991.106(a).

• OSHA and the Associate Solicitor may specify the means (including electronic means) by which they want to be served, so check any instructions from those offices.

If a timely objection is filed, all provisions of the preliminary order are stayed except the portion requiring preliminary reinstatement, which is not automatically stayed. This effect is described in 1991.106(b).

• A stay halts enforcement of other provisions of the preliminary order while the matter proceeds on the record.

The preliminary order provision requiring reinstatement becomes effective immediately upon the respondent’s receipt of the findings and preliminary order, regardless of any objections. This immediate effect is stated in 1991.106(b).

• Receipt by the respondent triggers reinstatement obligations even if the respondent later files objections.

No; filing timely objections does not automatically stop the preliminary reinstatement requirement, which remains effective upon the respondent’s receipt of the findings and preliminary order. This rule is in 1991.106(b).

• The respondent can seek a stay of reinstatement by filing a motion with the Office of Administrative Law Judges, but such stays are granted only for exceptional circumstances.

A respondent requests a stay of the Assistant Secretary’s preliminary order of reinstatement by filing a motion with the Office of Administrative Law Judges; the motion will be granted only based on exceptional circumstances. This procedure and standard are described in 1991.106(b).

• Prepare evidence showing exceptional circumstances if you seek a stay, and file promptly since reinstatement takes effect upon receipt of the order.

A respondent alleging that the complaint was frivolous or brought in bad faith must file objections and/or a request for a hearing within 30 days and include a written request for an award of attorney fees. This requirement is in 1991.106(a).

• State clearly in the filing that you are seeking fees under the Civil Rights Act provisions (CAARA) and provide supporting facts showing frivolousness or bad faith.

If no timely objection is filed 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 consequence is stated in 1991.106(b).

• Do not miss the 30‑day deadline if you want to preserve the right to administrative or judicial review.

Yes; the 30‑day filing requirement refers you to the hearing procedures in 1991.105 for how to request a hearing on the record. This cross-reference is made in 1991.106(a).

• Review 1991.105 for details on what to include in the hearing request and how hearings are processed.

Yes; OSHA and the Associate Solicitor for Fair Labor Standards may specify the means, including electronic means, for serving them with copies of the objections. This flexibility is noted in 1991.106(a).

• Follow any specific service instructions provided by OSHA or the Associate Solicitor to ensure proper and timely service.