Subpart C
Under 2200.39, any person entitled to appear as a party or any person who has been granted leave to intervene may file a statement of position before the hearing begins. See 2200.39. This means you must either already qualify as a party in the case or have formal permission from the Judge to intervene before filing.
Under 2200.39, you may file a statement of position at any time prior to the commencement of the hearing before the Judge. See 2200.39. If the hearing has already started, the plain text of the rule does not allow filing unless the Judge expressly permits it.
Under 2200.39, yes—the Judge may order the filing of a statement of position. See 2200.39. If the Judge issues an order, you must comply within any time and form limits the Judge sets.
Under 2200.39, no—you cannot file a statement of position unless you are entitled to appear as a party or you have been granted leave to intervene. See 2200.39. If you are not yet a party, you must ask the Judge for leave to intervene before filing.
Under 2200.39, filing a statement of position does not automatically replace other prehearing filings because the rule simply permits the filing; it does not limit other pleadings. See 2200.39. Follow any additional procedural deadlines or Judge orders that govern briefs, motions, or other filings.
Under 2200.39, the regulation does not prescribe a specific format or set of contents for a statement of position—only that it be filed "with respect to any or all issues to be heard." See 2200.39. Because the rule is permissive, you should follow any formatting or content instructions the Judge issues and include clear statements of the issues and your position.
Under 2200.39, yes—persons who have been granted leave to intervene may file a statement of position prior to the hearing. See 2200.39. Intervenors should ensure their statements relate to the issues the Judge has set for hearing.
Under 2200.39, the rule does not expressly address amendments or supplements, so whether you may amend a statement of position is left to the Judge's discretion. See 2200.39. If you need to change or add to your statement, ask the Judge for permission or follow any scheduling/order provisions that apply.
Under 2200.39, the rule itself does not state whether statements of position are posted or otherwise treated as public records; that determination follows general public-record rules and Commission practice. See 2200.39. For related guidance about what OSHA posts online and public disclosure, see the OSHA interpretation on website postings, which explains that many documents (including settlement agreements and other records) are subject to FOIA and can be made public.
Under 2200.39, the regulation does not provide a confidentiality procedure for statements of position; confidentiality or nondisclosure must be sought under other rules or by FOIA exception requests. See 2200.39. Note that OSHA's interpretation on postings explains that many documents are public and subject to FOIA, and settlement agreements are generally public information unless specific exemptions apply (see OSHA website citation postings).
Under 2200.39, you may file a statement of position "with respect to any or all issues to be heard," but the rule does not authorize expanding the hearing’s scope on your own. See 2200.39. If you attempt to raise new issues, the Judge will decide whether those issues are within the hearing scope and may deny consideration if they are outside the set issues.
Under 2200.39, a statement of position is a pleading expressing your views on issues and does not automatically become admissible evidence; admissibility is decided by the Judge under the rules of evidence and procedure. See 2200.39. If you want matters accepted as evidence, present them during the hearing following the Judge’s evidentiary procedures.
Under 2200.39, the rule allows the Judge to order filing but does not list sanctions; failure to comply with a Judge’s order can result in consequences the Judge deems appropriate under Commission procedures. See 2200.39. If a Judge orders a filing, promptly seek relief or explain good cause if you cannot comply to avoid adverse rulings.
Under 2200.39, the rule does not explicitly require proof of service, but normal Commission practice and other procedural rules require serving filings on opposing parties; follow any Judge orders about service. See 2200.39. To avoid disputes, serve your statement on all parties and retain proof of service unless the Judge directs otherwise.
Under 2200.39, a statement of position may state your positions on the issues to be heard but is not the formal vehicle for requesting procedural relief unless the Judge permits it; standard motions should be used for requests such as continuances or discovery. See 2200.39. If you include such requests in a statement, clearly label them and cite grounds so the Judge can treat them appropriately.
Under 2200.39, a third party may file a statement of position only if it is entitled to appear as a party or has been granted leave to intervene by the Judge. See 2200.39. Organizations seeking to participate should file a motion for leave to intervene before filing a statement.
Under 2200.39, your statement should directly address the specific issues that are scheduled for hearing rather than general or unrelated matters, because the rule allows filing "with respect to any or all issues to be heard." See 2200.39. Be concise and focused so the Judge and other parties can quickly understand your positions on the listed issues.
Under 2200.39, the rule does not prohibit attaching exhibits, but attaching documents does not guarantee their admission into evidence—the Judge will rule on admissibility during the hearing. See 2200.39. If you attach exhibits, identify them clearly and be prepared to lay foundation for their admission at the hearing.
Under 2200.39 and OSHA guidance, major settlement agreements and many inspection-related documents are publicly posted on OSHA's website and are generally subject to FOIA, though most individual settlement agreements are not posted. See 2200.39 and the OSHA interpretation on website postings. The interpretation explains that posted material is that which would be available under FOIA and that settlement agreements are public information unless specifically exempt.
Under 2200.39, the rule does not address whether a filed statement of position will be posted to OSHA’s website; posting decisions follow general public-record and FOIA practices described by OSHA. See 2200.39 and the OSHA interpretation on website postings. Typically, only certain major documents and items required by rule are posted; many filed items remain accessible through FOIA or Commission records rather than routine website posting.
Under 2200.39, acceptance of a late statement of position after the hearing begins is within the Judge’s discretion. See 2200.39. If you missed the pre-hearing window, promptly move the Judge for leave to file late and explain the reasons and any prejudice to other parties.