Waiver of rules in special cases

The rule authorizes the Commission or the Judge to waive any rule or issue any order in special circumstances when justice or the administration of the Act requires it. 2200.107 allows the Commission or Judge to waive rules or make orders as justice or administration of the Act requires.

• This authority applies only in “special circumstances not contemplated by the provisions of these rules.”
• Any waiver is tied to demonstrating good cause and to the needs of justice or administration of the OSH Act. Part 2200 provides the broader rules of procedure under which 2200.107 operates.

Any party or intervenor may apply for a waiver, and the Commission or Judge may also act on their own motion to waive rules. 2200.107 expressly allows an application by any party or intervenor or action by the Commission or Judge on their own motion.

• The rule therefore permits both private requests and court-initiated waivers.
• All applications or motions must follow the notice requirement described in the rule.

A waiver may be made only after at least three working days' notice is given to all parties and intervenors. 2200.107 requires 3 working days' notice to all parties and intervenors before a waiver or order is made.

• "Working days" means you must count business days (check other 29 CFR procedural provisions or the Judge’s scheduling orders for exact counting rules).
• The notice requirement applies whether the waiver is granted on application or on the Commission/Judge’s own motion.

An applicant must show good cause and that special circumstances exist such that justice or the administration of the Act requires the waiver. 2200.107 requires "good cause shown" and "special circumstances" before a waiver may be granted.

• "Good cause" generally means providing specific facts or legal reasons explaining why the rule should not apply in the particular case (for example, an unforeseen emergency or procedural requirement that would produce unfairness).
• The Commission or Judge will weigh the applicant’s showing against the need to maintain orderly procedure and protect other parties’ rights.

Yes — the Commission or Judge may waive any rule on their own motion, but they must give three working days' notice to all parties and intervenors first. 2200.107 explicitly permits the Commission or Judge to act on their own motion after 3 working days' notice.

• This allows the tribunal to address unanticipated circumstances even if no party files an application.
• Parties still receive the required notice and an opportunity to respond before the waiver is implemented.

A waiver can be tailored; the Commission or Judge may waive any specific rule or make particular orders as justice requires. 2200.107 authorizes waiving "any rule or make such orders as justice or the administration of the Act requires".

• In practice, this means waivers may be narrow (affecting one procedural requirement) or broader, depending on the circumstances and the showing of good cause.
• The tribunal customizes relief to address the special circumstances presented.

No — consent from all parties is not required because the Commission or Judge may waive rules on application or on their own motion after giving the required notice. 2200.107 permits waivers upon application by any party or intervenor or on the Commission/Judge's own motion, subject to 3 working days' notice.

• Parties will have an opportunity to object during the notice period, but a waiver may still be issued if the tribunal finds good cause.
• The notice and opportunity to respond help protect parties’ procedural rights even when unanimous consent is absent.

Yes — the Commission or Judge can waive procedural rules such as filing deadlines if a party shows good cause and the special circumstances warrant it. 2200.107 allows waiver of rules in special circumstances for good cause shown and as justice requires.

• You should explain the reason for the late filing and why strict enforcement would be inequitable or harm the administration of the Act.
• Expect the tribunal to consider prejudice to other parties and whether the late filing frustrates essential procedural interests.

No — 2200.107 does not set a specific deadline for deciding a waiver request; it only requires three working days' notice before a waiver or order is issued. 2200.107 requires 3 working days' notice but does not prescribe a decision deadline.

• Timing for decisions may follow other Commission procedures or the Judge’s scheduling practices.
• If prompt action is necessary, explain the urgency in the waiver request so the tribunal can consider expedited handling.

No — waivers under 2200.107 apply to procedural rules and orders; they cannot supersede or nullify rights or obligations established by statute. 2200.107 authorizes waivers of the Commission’s rules as justice or administration of the Act requires, but statutory requirements remain controlling.

• If a requested waiver would conflict with an express statutory mandate, the tribunal cannot use 2200.107 to override that statute.
• Questions about statutory interpretation should be raised in the waiver request so the tribunal can assess whether the requested relief is legally permissible.

An employer could request relief under 2200.107, but OSHA's publication and disclosure of settlement agreements are governed by agency policy and FOIA; many settlement agreements are public and OSHA posts major agreements. 2200.107 allows seeking waivers or orders in special circumstances, and OSHA’s interpretation explains that settlement agreements are public information subject to FOIA and that major agreements are posted online: see the agency letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• The OSHA letter of interpretation clarifies that while OSHA posts major settlement agreements, the vast majority of settlement agreements are not placed on the web but remain subject to FOIA disclosure.
• A waiver under 2200.107 would not change FOIA obligations; employers seeking confidentiality should address FOIA procedures and request any protective orders or relief early, explaining the legal basis for confidentiality.

Special circumstances commonly include unforeseen events, emergencies, procedural gaps the rules did not contemplate, or situations where strict application of a rule would produce injustice or impede administration of the Act. 2200.107 requires "special circumstances" and "good cause shown" before a waiver is granted.

• Examples that tribunals often consider relevant (depending on the facts) are sudden illness of counsel, newly discovered evidence that could not reasonably have been found earlier, or an unusual factual pattern not addressed by existing rules.
• The applicant should state specific facts showing why existing rules are inadequate and how a waiver preserves fairness or efficient administration.

Other parties are notified at least three working days before the waiver or order is imposed, giving them an opportunity to respond during that notice period. 2200.107 requires 3 working days' notice to all parties and intervenors before waiving any rule.

• The required notice period is the mechanism for informing parties and allowing them to object or submit arguments against the waiver.
• If a party believes the notice was insufficient, they should raise that promptly with the Judge or Commission and explain how the lack of notice caused prejudice.