Filing pleadings in proceedings

The complaint and answer requirements are suspended when a case is designated for Simplified Proceedings. Specifically, 2200.205(a) states that once Simplified Proceedings are ordered, the usual complaint and answer rules do not apply; if the Secretary has filed a complaint under 2200.34(a), a response to a petition under 2200.37(d)(5), or a response to an employee contest under 2200.38(a), no further response to those documents will be required.

No, the respondent does not have to file an answer after Simplified Proceedings are ordered. 2200.205(a) makes clear that if the Secretary has filed a complaint under 2200.34(a) and Simplified Proceedings are ordered, the usual response requirement is suspended and no response will be required.

No, you do not need to file that response once Simplified Proceedings are ordered. 2200.205(a) explicitly states that a response to a petition under 2200.37(d)(5) will not be required when Simplified Proceedings are in effect.

Yes, the suspension applies to responses to employee contests filed under 2200.38(a). 2200.205(a) states that if a response to an employee contest under 2200.38(a) is pending and Simplified Proceedings are ordered, no response to that contest will be required.

Motion practice is limited in Simplified Proceedings, and any motions that are filed must follow the general motion rules. 2200.205(b) states that limited, if any, motion practice is contemplated in Simplified Proceedings, and that all motion practice shall conform with 2200.40.

A party should consult the general motion rules in 2200.40 to determine what motions are allowed in Simplified Proceedings. 2200.205(b) requires that any motion practice conform with 2200.40, so that section is the controlling source for motion procedures and limitations.

You do not need to file an additional answer simply because Simplified Proceedings were ordered; the requirement to file further responses is suspended. 2200.205(a) says the complaint-and-answer requirements are suspended and that no response to the previously noted documents will be required once Simplified Proceedings are in place. If you have concerns about the status of prior filings, consult the judge or applicable procedural rule in 2200.40.

You may be able to file a motion to dismiss, but motion practice is limited and any motion must conform with 2200.40. 2200.205(b) states that Simplified Proceedings contemplate limited motion practice and directs parties to 2200.40 for the governing motion rules.

No, the suspension does not automatically eliminate all written filings; it specifically suspends the complaint-and-answer requirement but allows limited motion practice that must follow 2200.40. 2200.205(a) suspends complaint and answer requirements, while 2200.205(b) makes clear that some motion practice may still occur under 2200.40.

You should follow the motion procedures set out in 2200.40. 2200.205(b) explicitly requires that all motion practice in Simplified Proceedings conform with 2200.40, so that section is the authoritative source for timing, form, and procedures for motions.

A party should review 2200.40 and seek permission consistent with the limited motion practice allowed in Simplified Proceedings. 2200.205(b) states that motion practice is limited in Simplified Proceedings and that any motion must conform to 2200.40; therefore, requests for discovery or similar relief should be made as motions under that section and will be considered under the simplified procedure rules.

OSHA posts certain major settlement agreements on its website, but most settlement agreements are not posted and remain available under FOIA; an employer cannot automatically require that OSHA keep a settlement agreement off the public record. The OSHA interpretation in OSHA website citation postings explains that OSHA posts major settlement agreements on its public site while the vast majority of settlement agreements are not placed on the site but remain subject to disclosure under the Freedom of Information Act. The interpretation also notes that settlement agreements are to be posted in the same manner that employers are required to post citations and notices of contest, as discussed in the Commission rules referenced in that letter.