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OSHA 2200.103

Expedited proceedings procedures

2200 Subpart G

14 Questions & Answers
1 Interpretations

Questions & Answers

Under 2200.103(a), who can ask the Commission to order an expedited proceeding and how are parties notified if one is ordered?

The Commission can order an expedited proceeding on its own motion or when any party or intervenor asks for one, and the Executive Secretary must notify all parties and intervenors if the Commission orders it. See 2200.103(a).

Under 2200.103(b), which types of cases are automatically handled as expedited proceedings?

Cases begun by employee contests and petitions to modify an abatement period are automatically expedited. See 2200.103(b), which refers specifically to the treatment in 2200.37(d)(2) and 2200.38(c).

Under 2200.103(c), what priority does an expedited proceeding receive on the Judge’s or Commission’s docket?

An expedited proceeding takes precedence over all other classes of cases on the assigned Judge’s docket or on the Commission’s review docket and must be set for hearing or submission of briefs at the earliest practicable date. See 2200.103(c).

Under 2200.103(d), what control does the assigned Judge have over time limits and scheduling in an expedited proceeding?

The assigned Judge controls the filing times for pleadings and all other scheduling matters in an expedited proceeding and may set times without regard to the usual rule-based deadlines to complete the case as quickly as fairness allows. See 2200.103(d).

Under 2200.103, if I ask the Commission to expedite a case, what should I expect about how quickly hearings or briefs will be scheduled?

You should expect hearings or the submission of briefs to be scheduled at the earliest practicable date because expedited proceedings take docket priority and must be set promptly. See 2200.103(c) and remember the Judge may alter filing and scheduling times to finish the case quickly consistent with fairness under 2200.103(d).

Under 2200.103(a), can intervenors apply for an expedited proceeding or only original parties?

Intervenors can apply for an expedited proceeding just like the original parties, because 2200.103(a) expressly authorizes an expedited order upon application of any party or intervenor or upon the Commission's own motion.

Under 2200.103(d), does ordering expedition allow the Judge to ignore all rules and protections for fairness?

No — the Judge may set different time limits and take other actions to speed the case, but must do so only to the minimum time consistent with fairness. See 2200.103(d).

Under 2200.103(c), how does expedition affect cases on the Commission’s review docket versus the Judge’s docket?

Expedited proceedings receive priority both on the Judge’s docket and on the Commission’s review docket, so they take precedence over other classes of cases and are scheduled for hearing or briefs at the earliest practicable date in either forum. See 2200.103(c).

Under 2200.103(b) and related rules, why are petitions for modification of an abatement period expedited and where is that treatment described?

Petitions to modify an abatement period are expedited because the timeliness of abatement affects workplace safety and the rule explicitly identifies these petitions for automatic expedition; this treatment is stated in 2200.103(b) and implemented through 2200.37(d)(2) and 2200.38(c).

Under 2200.103, what specific procedural rulings can a Judge make to complete an expedited proceeding quickly?

A Judge can set shortened or alternative filing deadlines for pleadings, control the sequence and timing of submissions, and rule on other procedural matters needed to complete the case promptly while preserving fairness. These powers are granted by 2200.103(d).

Under 2200.103, does an expedited order change the substance of what the parties must prove or only the timetable?

An expedited order changes the timetable and prioritization of proceedings but does not change the substantive legal standards or burdens of proof; the Judge may only alter time-related procedures as provided in 2200.103(d) and the case retains its normal substantive rules under the Commission's procedures at 2200.

Under 2200.103 and related rules, how do 2200.37 and 2200.38 interact with expedition when employees contest citations?

When an employee brings a contest, those cases are automatically expedited under 2200.103(b), and the procedures in 2200.37 and 2200.38 (including the specific provisions at 2200.37(d) and 2200.38(c)) implement how those contests are processed on an expedited basis.

Under 2200.103, may a Judge extend deadlines in an expedited proceeding if a party shows good cause?

Yes — while Judges must strive to complete expedited proceedings in the minimum time consistent with fairness, they retain discretion to adjust deadlines (including extensions) if necessary to preserve fairness; this authority is provided by 2200.103(d).

Under the September 27, 2004 Letter of Interpretation, are settlement agreements always posted on OSHA’s website and how does that relate to Commission posting rules?

OSHA does not post every settlement agreement on its website; major agreements are posted while most settlements are not, but they remain subject to disclosure under FOIA and the Commission's rule at 2200.100(c) (as discussed in the interpretation). See OSHA's letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 which explains posting practice and notes that the rules at 2200 include posting requirements for settlement agreements.

Letters of Interpretation (1)