Corporate disclosure requirements

A corporation must file a separate declaration that lists all of its parents, subsidiaries, and affiliates, or a statement that it has none. See the requirement in 2200.35(a).

• The rule requires the declaration to be a separate document submitted with the answer or other initial pleading.
• The declaration must either list related entities (parents, subsidiaries, affiliates) or explicitly state that none exist.

If a corporation fails to file the required disclosure declaration, the Commission or the Judge may refuse to accept the initial pleading for filing and may hold the party in default after issuing a show cause order. See 2200.35(b).

• The Commission or Judge has discretion to refuse acceptance of the pleading.
• Before being held in default, the party will be given an opportunity to show cause why it should not be held in default.
• All show cause orders must be served in the manner prescribed in 2200.7(o).

A corporation has a continuing duty to notify the Commission or the Judge of any change in the information on the disclosure declaration until the Commission issues a final order disposing of the proceeding. See 2200.35(c).

• "Any change" means any new parents, subsidiaries, affiliates, or changes to the previously reported information.
• Notification should be made promptly so the record remains accurate during the proceeding.

The disclosure requirement in 2200.35(a) applies specifically to pleadings filed by a corporation; it does not impose that same corporate declaration requirement on non-corporate parties. See 2200.35(a).

• If you are not a corporation, this particular paragraph does not require the separate corporate declaration.
• Consult 2200.7 and the Judge or Commission rules if you are unsure whether another rule applies to your business form.

A corporation must submit the disclosure as a separate declaration that either lists all parents, subsidiaries, and affiliates or states that none exist; the rule does not prescribe a strict format. See 2200.35(a).

Best-practice items to include (practical guidance):

• The legal names of all parent companies, subsidiaries, and affiliates.
• A short description of the relationship (e.g., wholly owned subsidiary, parent holding company), and addresses if known.
• A clear statement if there are no parents, subsidiaries, or affiliates.

A corporation must notify the Commission or Judge promptly of the change, because it has a continuing duty to report any change in the disclosure information until a final order is issued. See 2200.35(c).

• Although the rule does not set a specific time frame, "continuing duty" means updates should be made as soon as the change is known.
• Timely updates help avoid the risk of sanctions or default under 2200.35(b).

Show cause orders must be served in the manner prescribed by the Commission's service rules in 2200.7(o), and a party will be given an opportunity to respond before being held in default under 2200.35(b).

• Review 2200.7(o) for the specific acceptable methods of service.
• If you receive a show cause order, respond promptly following the service instructions to preserve your ability to avoid default.

OSHA's policy is that major settlement agreements are posted on its web site, but the vast majority of settlement agreements are not posted; however, settlement agreements remain subject to 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 explains that while many settlement agreements are not posted online, they are still public records under FOIA.
• The Commission's rules (referenced in the interpretation) may require certain postings; check the relevant Commission provisions when confidentiality is a concern.

Before holding a corporation in default for failing to file an adequate disclosure, the Commission or Judge must give the party an opportunity to show cause why it should not be held in default. See 2200.35(b).

• The show cause order will be served as prescribed in 2200.7(o).
• Use the show cause response to explain the omission, provide the required disclosure, or show good cause for relief.

The requirement to file the separate disclosure declaration applies to initial pleadings (answers, petitions for modification of abatement period, or other initial pleadings), but there is a continuing duty to notify the Commission or Judge of any changes to that information until a final order is issued. See 2200.35(a) and 2200.35(c).

• File the declaration with your initial pleading.
• Update the Commission or Judge if the disclosed information changes during the proceeding.

Any change in the information on the disclosure declaration—such as new parents, new subsidiaries, new affiliates, or changes to previously listed relationships—triggers the duty to update the Commission or Judge. See 2200.35(c).

• Even corrections of previously reported information should be reported.
• The duty continues until the Commission issues a final order disposing of the proceeding.

Yes; regardless of who signs the pleading, if the filing is made by a corporation it must be accompanied by the separate disclosure declaration required by 2200.35(a). See 2200.35(a).

• The rule ties the obligation to the party filing (the corporation), not to the individual who signs the document.
• Make sure the corporate filing includes the separate declaration even if counsel or an officer signs the submission.

If a corporation finds an error in a previously filed disclosure declaration, it should promptly notify the Commission or Judge of the correction because there is a continuing duty to update the disclosure until a final order is issued. See 2200.35(c).

• Correcting the record promptly reduces the risk of being sanctioned or held in default under 2200.35(b).
• When responding to a show cause order, provide the corrected declaration and any explanation required by the Judge or Commission.