Subpart M
The rules in this subpart govern any case that a Judge has selected for Simplified Proceedings under 2200.203. In plain terms, if a case is designated for Simplified Proceedings according to 2200.203, the procedures in 2200.201 and the rest of this subpart apply to the hearing before the Judge.
No, designating a case as a Simplified Proceeding changes the procedural rules that apply to the hearing but does not alter the substantive law or the types of relief a Judge may grant.
A case is selected for Simplified Proceedings according to the selection rules set out in 2200.203, and once selected the rules in this subpart govern the judge's proceedings.
No, the Simplified Proceedings rules apply specifically to proceedings before a Judge in cases chosen under 2200.203 but do not automatically repeal unrelated Review Commission rules; they operate as the governing procedures for those selected cases.
You can find the rulemaking history and Federal Register citations in the source information that accompanies the regulation; 2200.201 includes the Federal Register references for the subpart's publication history.
The Simplified Proceedings rules govern how a hearing is run, but public access to documents like citations and settlement agreements is governed by other policies and FOIA; OSHA posts citations and proposed penalties on its web site and posts major settlement agreements, as explained in an OSHA letter of interpretation.
No, not all settlement agreements are posted on OSHA's web site; OSHA stated that it posts major settlement agreements but the vast majority of settlement agreements are not put on the web site.
An employer cannot guarantee that a settlement agreement will be kept confidential from FOIA disclosure; OSHA explained that settlement agreements not posted on the web site may still be subject to release under the Freedom of Information Act.
Yes, OSHA confirmed that it posts citations and proposed penalties on its web site for inspections conducted since the beginning of OSHA, and that News Releases are available in an archive going back to earlier administrations.
No, designation of a case as a Simplified Proceeding does not change an employer's statutory obligation to post citations at the workplace; posting obligations are separate legal requirements.
Yes, the Simplified Proceedings subpart is intended to provide streamlined procedures for cases selected under 2200.203, which typically include matters suitable for a simplified process, so it can help resolve smaller or more straightforward cases more efficiently.
Yes, the OSHA letter of interpretation notes that the Review Commission's rule at 29 CFR 2200.100(c) requires that settlement agreements be posted in the same manner that employers post citations and notices of contest, and OSHA posts major settlement agreements on its web site.
The Judge presiding over the case applies the rules in the Simplified Proceedings subpart and manages the detailed procedures for that hearing, subject to the subpart's requirements.
OSHA makes News Releases available on its web site by year, and older News Releases (back to 1994) are available in the site archive; the letter of interpretation explains where to find that archive on the OSHA web site.