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OSHA 2200.5

Extension of time procedures

Subpart A

21 Questions & Answers
1 Interpretations

Questions & Answers

Under 2200.5, who may grant an extension of time?

Under 2200.5, the Commission or the Judge may grant an extension or shortening of any time prescribed by the rules or by an order. See 2200.5.

Under 2200.5, can a party move for an extension of time?

Under 2200.5, yes — a party may move for an extension of time by filing a written motion asking the Judge or Commission to enlarge or shorten a deadline. See 2200.5.

Under 2200.5, must motions for extensions be in writing?

Under 2200.5, motions for extensions must be in writing except that, in exigent circumstances in a case pending before a Judge, an oral request may be made but must be followed by a written motion filed within the time the Judge prescribes. See 2200.5.

Under 2200.5, what must I do if I make an oral request for an extension because of exigent circumstances?

Under 2200.5, if you make an oral request for an extension due to exigent circumstances in a case before a Judge, you must file a written motion with the Judge within the time the Judge prescribes to document the request. See 2200.5.

Under 2200.5, what should a late request for an extension include when filed after a deadline has passed?

Under 2200.5, a late request for an extension must include a written explanation of the reasons for failing to request the extension before the filing deadline expired. See 2200.5.

Under 2200.5, can an extension motion be decided before the opposing party's time to respond has expired?

Under 2200.5, yes — a motion for extension may be acted upon before the time for response has expired. See 2200.5.

Under 2200.5, may the Commission or Judge shorten a time period in addition to enlarging it?

Under 2200.5, yes — the Commission or the Judge may either enlarge or shorten any time prescribed by the rules or by an order. See 2200.5.

Under 2200.5 and 2200.40, what procedural rule must extension motions conform to?

Under 2200.5, extension motions must be in writing and must conform with the procedural requirements of 2200.40. See 2200.5 and 2200.40.

Under 2200.5, when is the best time to submit a request for an extension?

Under 2200.5, the best practice is to submit a request for an extension in advance of the date the pleading or document is due to be filed. See 2200.5.

Under 2200.5, what does 'good cause shown' mean for an extension request?

Under 2200.5, 'good cause shown' is the legal standard required to justify an enlargement or shortening of time, and the party seeking relief must demonstrate that standard in its motion; the regulation itself does not list specific examples of good cause. See 2200.5.

Under 2200.5, who should an extension motion be filed with in cases pending before a Judge?

Under 2200.5, in cases pending before a Judge, the written motion for extension should be filed with the Judge, and oral requests in exigent circumstances must be followed by a written motion filed with the Judge within the time the Judge prescribes. See 2200.5.

Under 2200.5 and 2200.40, can the Judge act on an extension request without waiting for a formal brief or supporting documents?

Under 2200.5, a motion for extension may be acted upon before the time for response has expired; any required form or content is governed by 2200.40, so the Judge may act as appropriate consistent with those procedural rules. See 2200.5 and 2200.40.

Under 2200.5, may a Judge or the Commission grant an extension on their own motion (sua sponte)?

Under 2200.5, yes — the Commission or the Judge may on their own initiative enlarge or shorten any time prescribed by the rules or by an order, without a party's motion. See 2200.5.

Under 2200.5, does exigent circumstances allow an extension even if the extension request is filed after the deadline?

Under 2200.5, yes — in exigent circumstances an extension may be granted even though the request was filed after the designated filing time; however, the party must show in writing the reasons for failing to request the extension before the time had expired. See 2200.5.

Under 2200.5, does the regulation specify the content that must be in a written extension motion?

Under 2200.5, the regulation requires the motion to be in writing and to conform with 2200.40, but it does not itself list all required content; you should consult 2200.40 for the procedural specifics. See 2200.5.

Under 2200.5, can a party rely on an oral request alone to secure an extension?

Under 2200.5, no — an oral request may be made only in exigent circumstances in a case before a Judge, and it must be followed by a written motion filed with the Judge within the time the Judge prescribes. See 2200.5.

Under 2200.5, does the rule limit how long an extension may be?

Under 2200.5, the rule does not set a specific maximum length for an extension; the Commission or Judge has the authority to enlarge or shorten any prescribed time as they determine appropriate for good cause shown. See 2200.5.

Under 2200.5 and the 2004 Letter of Interpretation, are settlement agreements automatically kept off OSHA's website if requested confidentially?

Under 2200.5 and the OSHA Letter of Interpretation dated September 27, 2004, settlement agreements are generally public information and OSHA posts major settlement agreements on its web site, but the majority of settlement agreements are not posted even though they remain subject to disclosure under FOIA; an employer cannot assume all agreements will be kept confidential merely by request. See 2200.5 and the OSHA Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

Under 2200.5 and the 2004 Letter of Interpretation, where does OSHA say settlement agreements should be posted?

Under 2200.5 and the 2004 Letter of Interpretation, OSHA states that settlement agreements that are to be posted should be handled consistent with the rules, and the Letter of Interpretation notes that settlement agreements shall be posted in the same manner that employers are required to post citations and notices of contest under the Review Commission rules. See 2200.5 and the OSHA Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

Under 2200.5, can a party ask for an extension for discovery or other pre-trial deadlines?

Under 2200.5, yes — a party can move to enlarge or shorten any time prescribed by the rules or by an order, which includes discovery and pre-trial deadlines, provided the motion shows good cause and conforms with 2200.40. See 2200.5.

Under 2200.5, what should a party do if they need more time but are unsure what constitutes 'good cause'?

Under 2200.5, if you are unsure what constitutes 'good cause,' you should make a written motion explaining the specific facts and reasons for the requested extension and how those facts justify relief; the Judge or Commission will evaluate whether those reasons meet the 'good cause shown' standard. See 2200.5.

Letters of Interpretation (1)