OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 2200.12

Citing Commission and court decisions

2200 Subpart A

14 Questions & Answers
1 Interpretations

Questions & Answers

Under 2200.12(a), what information must I include when citing a Commission decision?

You must include the employer's name, the OSHRC docket number, the year of the decision, and a citation to a print or electronic source. See 2200.12(a)(1), which requires those four elements and accepts citations to decisions published on the Commission website.

Under 2200.12(a)(1)(i), how should I format a print citation to a Commission decision?

Format a print citation with the employer name, reporter citation, page, docket number, and year, for example: Hackensack Steel Corp., 20 BNA OSHC 1387, 1388 (No. 97-0755, 2003). See 2200.12(a)(1)(i) and the specific print examples at 2200.12(a)(1)(i)(A) and 2200.12(a)(1)(i)(B).

Under 2200.12(a)(1)(ii), how should I cite an electronic version of a Commission decision found on commercial databases?

Cite the decision with the employer name, OSHRC docket number, the database citation (e.g., Westlaw or LEXIS), the pinpoint (if available), and the decision date, for example: Hackensack Steel Corp., No. 97-0755, 2003 WL 22232017, at *4 (OSHRC Sept. 25, 2003). See 2200.12(a)(1)(ii) and the electronic examples at 2200.12(a)(1)(ii)(A) and 2200.12(a)(1)(ii)(B).

Under 2200.12(a)(1)(iii), how should I cite cases published on the Commission's website in PDF or HTML form?

Cite PDF versions with a page number and HTML versions with a paragraph number, for example: Jacobs Field Servs. N. Am., No. 10-2659, at 5 (OSHRC 2015) for a PDF, or Jacobs Field Servs. N. Am., No. 10-2659, at ¶ 9 (OSHRC 2015) for HTML. See 2200.12(a)(1)(iii), and the PDF and HTML examples at 2200.12(a)(1)(iii)(A) and 2200.12(a)(1)(iii)(B).

Under 2200.12(a)(2), when do I need to indicate a decision is non-precedential?

You must identify decisions by a Judge, a digest, or the opinion of a single Commissioner as non-precedential by including a parenthetical such as “(ALJ)” or a similar note. See 2200.12(a)(2), which requires parenthetical language when the cited decision is non-precedential.

Under 2200.12(b)(1), which reporter should I use when citing court decisions in Commission filings?

You should cite the official reporter whenever possible; give the full reporter citation including volume, reporter, and page numbers as shown in examples. See 2200.12(b)(1) and the example at 2200.12(b)(1)(i).

Under 2200.12(b)(1)(ii), can I cite Supreme Court decisions differently than lower courts?

Cite Supreme Court decisions to the official U.S. Reports when possible, using the standard citation format (case name, volume U.S. page, and year), as exemplified by Martin v. OSHRC (CF & I Steel Corp.), 499 U.S. 144, 150-51 (1991). See 2200.12(b)(1)(ii).

Under 2200.12(b)(2), what must I include when the court opinion lists the Secretary or the Commission first?

You must include in parentheses the name of the employer as it appeared in the Commission proceeding when the first-listed party on either side is the Secretary, the Commission, or a labor union. See 2200.12(b)(2) and the illustrative examples given there.

Under 2200.12, are citations to Commission decisions posted on the Commission website acceptable in Commission filings?

Yes—citations to Commission and ALJ decisions published on the Commission's website are acceptable as proper sources for citation. See 2200.12(a)(1), which explicitly accepts website-published decisions on www.oshrc.gov.

Regarding OSHA website citation postings (OSHA letter of interpretation dated Sep 27, 2004), does OSHA post citations and proposed penalties to its website?

Yes—OSHA posts citations and proposed penalties on its website for inspections conducted since the beginning of OSHA. The OSHA letter of interpretation dated Sep 27, 2004 confirms that OSHA makes such information available online as public information.

Regarding OSHA website citation postings (OSHA letter of interpretation dated Sep 27, 2004), can an employer request that a settlement agreement be kept off the OSHA website?

Most settlement agreements are not posted to the OSHA website, but OSHA posts major agreements and treats settlement agreements as public information subject to FOIA; employers generally cannot force OSHA to keep a public settlement agreement off the site. See the OSHA letter of interpretation dated Sep 27, 2004, which explains that major settlement agreements are posted while most settlement agreements are not placed on the website but remain subject to FOIA disclosure.

Regarding OSHA website citation postings (OSHA letter of interpretation dated Sep 27, 2004), will OSHA remove older citations (for example, older than 10 years) from its website on request?

No—OSHA maintains citations, proposed penalties, and news releases on its website going back to the start of OSHA and does not remove them simply because they are older; the website content reflects public records available under FOIA. See the OSHA letter of interpretation dated Sep 27, 2004, which explains OSHA's policy of posting historical materials consistent with FOIA and the Electronic Freedom of Information Act Amendments.

Under 2200.12(a)(1)(iii)(A), when citing a PDF version of a Commission case from the Commission website, what pinpoint should I use?

When citing a PDF version from the Commission website, include the page number of the PDF where the cited material appears. See 2200.12(a)(1)(iii)(A), which instructs that PDF citations should identify the relevant page number.

Under 2200.12(a)(1)(iii)(B), when citing an HTML version of a Commission case from the Commission website, what pinpoint should I use?

When citing an HTML version from the Commission website, include the paragraph number rather than a page number, for example: Jacobs Field Servs. N. Am., No. 10-2659, at ¶ 9 (OSHRC 2015). See 2200.12(a)(1)(iii)(B), which requires identifying the relevant paragraph number for HTML versions.

Letters of Interpretation (1)