Notice of contest procedures

The Secretary must notify the Commission within 15 working days after receipt of the notice. See 2200.33 for the timing requirement.

• This 15-working-day rule applies to the types of notices listed in 2200.33(a), 2200.33(b), and 2200.33(c).

A notice that the employer intends to contest a citation or proposed penalty under section 10(a) of the Act triggers the obligation. See 2200.33(a).

• Once OSHA receives that notice, the Secretary must notify the Commission and furnish the relevant documents within 15 working days as required by 2200.33.

The Secretary must report notifications that the employer wishes to contest a notice of failure to abate or a proposed penalty under section 10(b) of the Act. See 2200.33(b).

• OSHA must send the original documents filed by the contesting employer and copies of other relevant records to the Commission within 15 working days, per 2200.33.

An employee or an authorized representative of employees may file a notice of contest regarding the reasonableness of an abatement period under section 10(c) of the Act. See 2200.33(c).

• When such a notice is received, the Secretary must notify the Commission and forward the original filing and other relevant documents to the Executive Secretary within 15 working days, as stated in 2200.33.

OSHA must promptly furnish the original of any documents or records filed by the contesting party and copies of all other documents or records relevant to the contest. See 2200.33.

• That means if an employer or employee files evidence or pleadings with OSHA, OSHA forwards the originals and provides copies of any other records it holds that are relevant to the dispute.

The Secretary of Labor is responsible for notifying the Commission after receipt of any of the listed notices of contest. See 2200.33.

• The rule requires the Secretary to notify the Commission in writing and to promptly furnish relevant documents to the Commission's Executive Secretary.

If the employer misses the 15-working-day deadline to file a notice of contest, the citation or notification of failure to abate becomes a final order of the Commission. See 2200.33.

• The regulation’s Note 1 explains that failure to meet the deadline results in a final order, and that relief from such a final order may be sought only under extraordinary circumstances by pursuing Federal Rule of Civil Procedure 60 relief with the Commission's Executive Secretary.

Yes—under extraordinary circumstances, a cited employer, an affected employee, or an authorized employee representative may seek relief from the final order by promptly filing a request under Federal Rule of Civil Procedure 60 with the Commission's Executive Secretary. See 2200.33.

• The request should be filed with the Commission's Executive Secretary at One Lafayette Centre, 1120 20th Street NW, Suite 980, Washington, DC 20036-3457, as noted in the regulation.

OSHA does post some settlement agreements on its website but most settlement agreements are not placed on the site; however, they remain subject to public disclosure under the Freedom of Information Act. See the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• The interpretation states that "major" settlement agreements are posted publicly, while the majority of settlements are not on the web site but could still be disclosed in response to a FOIA request. The interpretation also notes that Commission rules require settlement agreements to be posted in the same manner as citations and notices of contest (see https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0).

The text of 2200.33 does not define how to count "working days."

• Because the regulation itself is silent, parties typically use the ordinary administrative practice of counting business days (excluding weekends and federal holidays) or consult the Commission's procedural rules or Executive Secretary for clarification if there is any doubt.

The 15-working-day period begins upon the Secretary's receipt of one of the listed notices of contest. See 2200.33.

• That means the clock runs from the date OSHA receives the contest notice, not from the date the employer or employee mailed it.

An employer should include the original filings and any supporting documents or records with its notice of contest so OSHA can forward originals and provide copies of other relevant documents to the Commission. See 2200.33.

• Practical items to include: the written notice of contest, any evidence supporting the contest (photographs, inspection reports, correspondence), and a clear statement of which citation items or penalties are being contested.

OSHA must furnish originals of the documents filed by the contesting party and copies of all other documents or records relevant to the contest, so it should not withhold records that are relevant. See 2200.33.

• If a party believes the Agency failed to forward a relevant record, they should raise that issue with OSHA or the Commission promptly so the record can be supplemented.