Employee contest procedures

The Secretary must file a clear and concise statement of the reasons the abatement period prescribed is not unreasonable, and must do so within 14 days of receiving the notice of contest. This is the explicit timing and content requirement in 2200.38(a).

• File content: a "clear and concise statement of the reasons" the abatement period is not unreasonable.
• Filing deadline: within 14 days from receipt of the employee's notice of contest.

For the full rule text see 2200.38.

The Secretary must explain, in plain terms, why the abatement period given to the employer is not unreasonable; the statement should be short, direct, and focused on the basis for the abatement period. The rule requires exactly that wording in 2200.38(a).

• The provision does not prescribe a specific format, but it does require clarity and conciseness about the reasons the abatement period is appropriate.

See the full provision at 2200.38.

The contesting affected employee or authorized employee representative must file their response not later than 14 days after service of the Secretary's statement. This deadline is set by 2200.38(b).

• The 14-day period begins when the Secretary's statement is served on the contesting party.
• The party must follow the service rules described in 2200.7(c) when serving the filed response on other parties and intervenors.

See 2200.38 for the rule context.

Service of the filed statement on the other parties and intervenors must be accomplished in the manner prescribed in 2200.7(c). That is the specific service rule referenced by 2200.38(b).

• The cited provision (2200.7(c)) contains the procedural details about how to serve pleadings and filings; follow that rule for proper service.

Yes — all contests under 2200.38 are to be handled as expedited proceedings as provided in 2200.103. This requirement is stated directly in 2200.38(c).

• Practically, this means the contest will follow the faster procedures and scheduling rules found in 2200.103.

Refer to 2200.103 for the specific expedited procedures.

An affected employee or an authorized employee representative may file a notice of contest regarding the abatement period. The rule identifies these parties explicitly in 2200.38.

• "Affected employee" means the employee(s) whose safety interest is implicated by the abatement period; an "authorized employee representative" is someone permitted to act on behalf of the employee(s).

See 2200.38 for the reference to who may file.

The Secretary's 14-day duty to file a statement of reasons is triggered by receipt of a notice of contest filed by an affected employee or an authorized employee representative concerning the abatement period. This trigger is specified in 2200.38(a).

• The counting of the 14 days begins on the date the Secretary receives the notice of contest.

No — 2200.38 specifically applies to contests filed with respect to the abatement period; it does not establish these same procedures for other types of contests. The rule frames its scope at the start of 2200.38.

• For other contest types, different provisions of the Rules of Procedure may apply.

The basic steps and timelines are: the affected employee (or authorized representative) files a notice of contest; the Secretary must file a clear and concise statement of reasons why the abatement period is not unreasonable within 14 days of receipt; the contesting employee then must file a response within 14 days after service of the Secretary's statement; and all such contests are handled as expedited proceedings under 2200.103. See 2200.38 for the requirements.

• Step 1: Employee files notice of contest (triggers the process).
• Step 2: Secretary files statement of reasons within 14 days (2200.38(a)).
• Step 3: Employee files a response within 14 days after service of the Secretary's statement (2200.38(b)).
• Step 4: The contest proceeds under expedited rules in 2200.103 as required by 2200.38(c).

The contesting party's 14-day response period starts on the date the Secretary's statement is served on that party; the rule states the response must be filed not later than 14 days after service. This is prescribed in 2200.38(b).

• Remember that service to other parties and intervenors must follow the method in 2200.7(c).

Generally no — settlement agreements that OSHA posts on its website are public information, and while OSHA does not put the vast majority of settlement agreements on its web site, they remain subject to disclosure under the Freedom of Information Act (FOIA). OSHA explains this practice in its Letter of Interpretation dated September 27, 2004, available at OSHA website citation postings. That letter also notes the Rules of Procedure (29 CFR) require that settlement agreements be posted in the same manner as citations and notices of contest. See Part 2200 and the interpretation for more detail.

• Takeaway: employers cannot generally force OSHA to keep a settlement agreement confidential; FOIA governs disclosure, and OSHA posts major agreements as public information.

See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 and 2200 for context.

Yes — an authorized employee representative may file a notice of contest and must follow the same deadlines as an affected employee; the response deadline to the Secretary's statement is not later than 14 days after service, per 2200.38(b). The right of an authorized representative to act is recognized in 2200.38.

• The representative must ensure service and filings comply with 2200.7(c).

The expedited procedures for contests under 2200.38 are found in 2200.103, which 2200.38(c) explicitly references. Consult 2200.103 for the specific expedited rules and timeframes that will govern the contest.

• In short: 2200.38(c) directs you to 2200.103 for how the case will proceed on an expedited basis.