Simplified proceedings procedures

The purpose of the Simplified Proceedings subpart is to provide faster, less expensive procedures for resolving contests while still giving parties due process and an Administrative Procedure Act hearing. See 2200.200(a).

• These procedures are applied to reduce time and expense while ensuring a fair hearing under 5 U.S.C. 554.

No—2200.200(b)(1) explicitly states that complaints and answers are not required in the Simplified Proceedings format.

• Parties should instead focus on early discussions to define issues rather than on filing formal pleadings.

No—2200.200(b)(2) says pleadings generally are not required; instead, early discussions among the parties and the Judge are required to narrow and define disputes.

• Expect the Judge to coordinate early meetings to focus the issues for hearing rather than rely on formal written pleadings.

The Secretary must provide the employer with certain informational documents early in the proceeding, as required by 2200.200(b)(3).

• The rule does not list every document here; expect the Secretary to disclose inspection-related information needed to understand the contest.

Discovery is not permitted except when the Judge orders it, per 2200.200(b)(4).

• If you need documents or testimony beyond initial disclosures, request the Judge to order limited discovery and explain why it is necessary.

No—2200.200(b)(5) states that interlocutory appeals are not permitted in Simplified Proceedings.

• Parties must raise issues to the Judge and preserve them for final decision rather than seeking immediate appellate review of interim rulings.

Hearings are less formal, and the Federal Rules of Evidence do not control the admission of evidence except as provided in 2200.209(c), according to 2200.200(b)(6).

• Judges may allow oral argument at the end of the hearing, require post-hearing briefs or statements of position, and may even render a decision from the bench.

Yes—the Judge may render a decision from the bench at the conclusion of the hearing as permitted by 2200.200(b)(6).

• Parties should be prepared for the possibility of an immediate ruling and have any final oral arguments ready.

The practical benefits are faster, less costly resolution of disputes with procedures designed to reduce litigation while preserving a fair hearing under 2200.200(a).

• Fewer formal filings, limited discovery, and less formal hearings help save time and legal expense.
• Early conferences with the Judge help focus the contested issues quickly.

A party should ask the Judge to order discovery and explain why the requested discovery is necessary because 2200.200(b)(4) prohibits discovery except by Judge's order.

• Provide a focused showing of relevance and proportionality when requesting discovery to increase the chance the Judge will grant it.

Parties should prepare concise statements of the disputed issues, key facts, and what relief or resolution they seek because early discussions are required to narrow and define disputes under 2200.200(b)(2).

• Bring any critical documents or citations that the Judge will need to understand the dispute quickly.

The Secretary must provide inspection-related informational documents early, such as citation summaries, inspection notes, or evidence lists needed to understand the contest under 2200.200(b)(3).

• If specific items are missing, the employer should raise that during the required early discussions with the Judge to get clarification or an order for additional disclosures.

Yes—the Judge may allow or require post-hearing briefs or statements of position according to 2200.200(b)(6).

• If briefs are ordered, follow any page limits, deadlines, and scope instructions the Judge provides to avoid waiving arguments.

Simplified Proceedings are intended to be used to reduce time and expense while ensuring due process as described in 2200.200(a), but they apply where the parties and the Judge can use the simplified procedures effectively.

• Complex cases may still require full procedures in subparts A–G; the Judge will determine appropriateness based on case needs.

Parties should raise and record objections with the Judge and preserve issues in the hearing record and any post-hearing filings since interlocutory appeals are not allowed by 2200.200(b)(5).

• Make clear objections on the record and, if relevant, request the Judge to note them explicitly in orders or rulings for later review.

Evidence in Simplified Proceedings is admitted more flexibly; the Federal Rules of Evidence do not control except as provided in 2200.209(c) and 2200.200(b)(6).

• Expect the Judge to admit relevant and reliable evidence even if it would not strictly conform to the Federal Rules of Evidence, subject to any limits in 2200.209(c).

Yes—because pleadings generally are not required and the rules are simplified, motions practice will generally be less formal under 2200.200(b)(2) and related subsections.

• Important issues should still be raised early with the Judge so they can be managed without formal motion cycles.

No—OSHA posts major settlement agreements on its website as public information, but most settlement agreements are not posted; however, they remain subject to FOIA, as explained in OSHA's letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• The letter clarifies that while employers may request confidentiality, OSHA treats settlement agreements as public records and posts only certain major agreements on its site.
• Also see the Commission's rule on posting settlement agreements at 2200.

Simplified Proceedings reduce litigation cost and complexity by eliminating many formal requirements—such as required pleadings and routine discovery—per 2200.200(b).

• Small employers benefit from early issue narrowing, limited discovery, and less formal hearings which lower legal fees and expedite resolution.

The Judge facilitates early discussions among the parties to narrow and define disputes as required by 2200.200(b)(2).

• The Judge can set agendas for early conferences, identify core contested issues, and limit proceedings to those issues to streamline the hearing.