Applicability of procedural rules

No — the discovery and related procedures in subpart D (2200.50–2200.57) do not apply to Simplified Proceedings. The text of 2200.211 explicitly states that the provisions of subpart D (2200.50–2200.57) will not apply to Simplified Proceedings. See also Part 2200 for the full Rules of Procedure.

No — 2200.34 does not apply to Simplified Proceedings. 2200.211 expressly lists 2200.34 as one of the provisions that will not apply in Simplified Proceedings, so parties should follow the procedures set out in the Simplified Proceedings subpart instead.

No — clause (d) of 2200.37 is excluded from application in Simplified Proceedings. 2200.211 specifically states that 2200.37(d) will not apply to Simplified Proceedings, while other parts of 2200.37 remain subject to the general consistency rule.

No — 2200.38 is one of the sections that will not apply in Simplified Proceedings. The exclusion is stated in 2200.211, so do not rely on 2200.38 when conducting or responding to Simplified Proceedings.

No — both 2200.71 and 2200.73 are specifically excluded from applying to Simplified Proceedings. 2200.211 lists 2200.71 and 2200.73 among the provisions that will not apply, so any procedures those sections normally govern are superseded by the Simplified Proceedings rules.

Yes — all other rules in subparts A through G apply to Simplified Proceedings, but only when they are consistent with the Simplified Proceedings rules. 2200.211 states that all other rules contained in subparts A through G will apply when consistent with the rules in the Simplified Proceedings subpart, so you must check both the Simplified Proceedings subpart and the identified subparts for consistency.

The Simplified Proceedings rule controls the conflict. 2200.211 makes clear that other rules in subparts A–G apply only when consistent with the Simplified Proceedings rules, so where there is a conflict the rules governing Simplified Proceedings take precedence.

Yes — if the Simplified Proceedings rules are silent and the general rules in subparts A–G are consistent, those general rules apply. 2200.211 instructs that rules in subparts A–G will apply when consistent with the Simplified Proceedings rules, so use the general provisions only to the extent they do not conflict.

Yes — except for subsection (d), the remainder of 2200.37 may apply to Simplified Proceedings when consistent with Simplified Proceedings rules. 2200.211 specifically excludes 2200.37(d) but does not exclude the rest of 2200.37, so those other subsections are available if they do not conflict with the Simplified Proceedings subpart.

If the needed procedure is in an excluded section, the party must follow the Simplified Proceedings rules for alternative procedures. 2200.211 excludes certain provisions (for example, 2200.50–2200.57 and 2200.71 and 2200.73), so you should consult the Simplified Proceedings subpart for how to obtain evidence or relief and use other nonconflicting rules in Part 2200 only when consistent.

They can be enforceable, but only if they are consistent with Simplified Proceedings rules. 2200.211 says other rules in subparts A–G will apply when consistent with the Simplified Proceedings subpart, so check the Simplified Proceedings rules first for any modified or alternative deadlines and service procedures.

Yes — sanctions in Part 2200 may be applied in Simplified Proceedings when the sanctioning rules are consistent with the Simplified Proceedings rules. 2200.211 preserves other rules in subparts A–G to the extent they do not conflict with the Simplified Proceedings rules, so enforcement measures from those subparts can still be used unless specifically excluded.

You can find the official list of exclusions in the text of 2200.211. That section explicitly lists subpart D (2200.50–2200.57) and the sections 2200.34, 2200.37(d), 2200.38, 2200.71, and 2200.73 as not applying to Simplified Proceedings.

They should follow the Simplified Proceedings rule and raise the inconsistency in their filings or at the earliest procedural stage. 2200.211 makes the Simplified Proceedings rules controlling where inconsistent, so a party should point out the conflict and request the Simplified Proceedings rule be applied.

No — not all settlement agreements are automatically posted on OSHA's website. The September 27, 2004 Letter of Interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0) explains that OSHA posts major settlement agreements on its web site as public information, but the vast majority of OSHA-employer settlement agreements are not posted online; they remain subject to disclosure through FOIA and the Commission's posting rules such as those referenced in the letter.

No — an employer generally cannot insist on permanent confidentiality for a settlement agreement. The September 27, 2004 Letter of Interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0) notes that most settlement agreements are public information subject to the Freedom of Information Act, and while many settlement agreements are not posted on OSHA's web site, they remain disclosable under FOIA and subject to Commission posting rules.

Consistent means the other rule does not conflict with any explicit requirement or deviation established by the Simplified Proceedings subpart. 2200.211 instructs that rules from subparts A–G apply only when they are consistent with the Simplified Proceedings rules, so a rule is 'consistent' if it can be applied without contradicting or undermining the simplified procedures.

Agency practice can inform application, but the text of Part 2200 and the Simplified Proceedings rules control. 2200.211 sets the regulatory hierarchy; interpretive guidance such as the September 27, 2004 Letter of Interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0) can clarify how OSHA has treated related issues (for example, posting settlement agreements), but regulatory text governs actual procedural applicability.