2200 Subpart A
No — you do not count the day that triggers the period; start counting the next day as day 1. See the rule in 2200.4(a)(1)(i). For practical use: begin the countdown on the calendar day after the triggering event and then count every day (including weekends and federal holidays) unless the rule says otherwise (2200.4(a)(1)).
Yes — when a period is stated in days (or a longer unit), you count every calendar day, including intermediate Saturdays, Sundays, and Federal holidays. This is stated in 2200.4(a)(1)(ii). That means a 30‑day period runs through weekends and federal holidays unless the rule or order specifies otherwise.
If the last day falls on a Saturday, Sunday, or Federal holiday, the deadline is extended to the end of the next day that is not a Saturday, Sunday, or Federal holiday. See 2200.4(a)(1)(iii). For example, if a document is due on Sunday, your effective due date becomes the next Monday that is not a Federal holiday.
Count every day except intermediate Saturdays, Sundays, and Federal holidays when the period is stated in working days. See 2200.4(a)(2). In practice, start counting the first working day after the triggering event (unless the rule says otherwise) and skip weekend days and federal holidays while counting toward the working‑day total.
For electronic filings, the last day ends at 11:59 p.m. in the time zone of the receiving Commission office; for filings by other means, the last day ends when the receiving Commission office is scheduled to close. See 2200.4(a)(4)(i) and 2200.4(a)(4)(ii). Make sure you check the receiving office’s time zone and posted closing time before filing.
The "next day" is determined by continuing to count forward when the period is measured after an event and by counting backward when the period is measured before an event. See 2200.4(a)(5). For example, for a deadline set 14 days before a hearing, you count backward starting the day before the hearing.
Federal holidays include the statutorily set days listed in 2200.4(a)(6)(i) — New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day — and any day declared a holiday by the President or Congress under 2200.4(a)(6)(ii). Treat these days as Federal holidays when applying the counting rules.
Unless the Commission or Judge orders otherwise, the time for filing is extended to the first day the receiving Commission office is open that is not a Saturday, Sunday, or Federal holiday. See 2200.4(a)(3). In other words, you get an extension to the first regular business day the office reopens.
Yes — when service is made by U.S. Mail under 2200.7, three days are added after the period would otherwise expire, except this extension does not apply to computing the time for filing a petition for discretionary review under 2200.91(b). See 2200.4(b).
The document is due on Tuesday, the day after the holiday. See the example in 2200.4(a)(7)(i). The rule requires you to count every calendar day; if the last calendar day is a Saturday (and the next open day is Monday but it is a Federal holiday), the due date moves to the next day the office is open (Tuesday).
The document is due on Thursday, the last day the office is open before the Saturday, Sunday, or Federal holiday. See 2200.4(a)(7)(ii). You count backward from the day before the hearing; if the 14th day lands on a Sunday and the Friday before is a Federal holiday, the due date becomes Thursday.
Start counting on the calendar day after the triggering event (that is day 1), and include every calendar day thereafter — weekends and Federal holidays included. See 2200.4(a)(1)(i) and 2200.4(a)(1)(ii). This means a 30‑day calendar deadline begins the day after the order and runs 30 consecutive days.
The time zone of the receiving Commission office controls the 11:59 p.m. electronic filing cutoff. See 2200.4(a)(4)(i). Confirm the receiving office’s time zone before filing electronically to avoid missing the 11:59 p.m. deadline.
For filings by other means, the last day ends when the receiving Commission office is scheduled to close. See 2200.4(a)(4)(ii). Check the office’s posted hours or its schedule for that day to know the precise cutoff time.
Yes — any day declared a holiday by the President or Congress is treated as a Federal holiday for computing time. See 2200.4(a)(6)(ii). Treat such declared holidays the same as the statutorily listed Federal holidays when applying the deadline rules.
You get three extra days added to the period when service was made by U.S. Mail under [2200.7], except for the petition-for-discretionary-review exception in [2200.91(b)]. See 2200.4(b) and the general standard series at 2200. To rely on the added time, confirm that service met the requirements of 2200.7.
Yes — the Commission or the Judge may order a different method of computing time than the default rules. The computation rules apply "unless the Commission or the Judge orders otherwise," as stated in 2200.4(a) and specifically in 2200.4(a)(3). If an order changes the method, follow that order.
Start counting on the first working day after service and count only days that are not intermediate Saturdays, Sundays, or Federal holidays until you reach ten working days. See 2200.4(a)(2). For example: if service is on Monday and a Federal holiday falls on the following Wednesday, your working‑day count would be Tuesday (day 1), skip Wednesday (holiday), then Thursday (day 2), and continue until you reach working day 10.
No — the three‑day extension for service by U.S. Mail does not apply to computing the time for filing a petition for discretionary review under [2200.91(b)]. See 2200.4(b) and refer to the petition provision at 2200.91(b). Plan filings for discretionary review without relying on the mail extension.
OSHA posts major settlement agreements publicly but does not post the vast majority of settlement agreements to the web site; employers cannot generally demand confidentiality because settlement agreements remain subject to FOIA. See OSHA’s letter of interpretation at OSHA website citation postings | Sept. 27, 2004 for details. That letter explains OSHA’s posting practices and notes that settlement agreements are public information and may be disclosed under FOIA.