Judge's report procedures

The Judge's report must include the entire record of the case, including the Judge's decision. See the Contents of Judge's report in 2200.90(b)(1).

• The phrase "entire record" means the complete administrative file created during the proceedings (for example: pleadings, transcripts, exhibits, findings, orders, and the Judge's decision). This full record is what the Executive Secretary receives for docketing.
• Citing the regulation ensures the report is complete and ready for administrative review or further action by the Commission.

The Judge must file the Judge's report with the Executive Secretary on the eleventh day after service of the decision on the parties. See the Filing of Judge's report in 2200.90(b)(2).

• The 11-day clock begins when the decision is served on the parties. If you need to calculate deadlines, start from the service date documented in the record.
• Filing on that schedule ensures timely docketing and starts other statutory timeframes tied to docketing.

After the Judge's report is filed, the Executive Secretary promptly dockets the report and notifies all parties of the docketing date. See the Docketing of Judge's report by Executive Secretary in 2200.90(b)(3).

• The regulation makes clear the docketing date is the operative date for certain statutory provisions (for example, it is the date used for section 12(j) of the Act, 29 U.S.C. 661(j)).
• Parties should watch for the Executive Secretary's notice so they know when the docketing-triggered deadlines begin.

The docketing date is the date the Judge's report is "made" for purposes of section 12(j) of the Act, so docketing fixes the official date used to trigger any 12(j) timing or consequences. See the Docketing of Judge's report by Executive Secretary in 2200.90(b)(3).

• In practice, this means any deadlines, appeals, or agency actions that refer to when the report was made will use the Executive Secretary's docketing date as the starting point.
• Parties should consult the Commission rules and the OSH Act text when planning appeals or compliance steps tied to 12(j). For the general rule on timing, see 2200.

No — a Judge may relieve a party from default or grant reinstatement only until the Judge's report has been docketed by the Executive Secretary. See the Relief from default in 2200.90(c).

• After docketing, the Judge no longer has authority under that provision to grant relief from default; other procedural remedies under the Commission’s rules may apply.
• The regulation specifically references reinstatement under 2200.101(b), 2200.52(f)(2), and 2200.64(b), which are avenues judges use before docketing.

After the Judge's report is docketed, all documents must be filed with the Executive Secretary, except for documents specified to be filed with the Judge. See the Filing documents after the docketing date in 2200.90(d).

• The regulation notes an exception for documents covered by paragraph (b)(4)(i) of 2200.90, which must still be filed with the Judge; otherwise, file with the Executive Secretary.
• Filing with the correct office after docketing ensures the document is placed on the official Commission docket and avoids procedural problems.

The exception is for documents listed under paragraph (b)(4)(i) of 2200.90, which are to be filed with the Judge even after the docketing date. See 2200.90(d).

• The regulation does not repeat (b)(4)(i) in the excerpted text here, so parties should consult the full Commission rule text for the exact items covered by (b)(4)(i).
• When in doubt, confirm whether a filing belongs with the Judge or the Executive Secretary to avoid misfiling.

The Judge's decision is part of the Judge's report, which consists of the entire record including the decision itself. See 2200.90(a) and 2200.90(b)(1) and 2200.90(b)(1).

• Practically, that means the Judge's written decision is one component of the package the Judge files with the Executive Secretary on the required schedule.
• Parties should treat the decision as included in the official record that will be docketed and used for any further Commission actions.

The 11-day period begins on the date the Judge's decision is served on the parties; parties should watch the service date to know when the Judge must file the report. See the Filing of Judge's report in 2200.90(b)(2).

• Keep a clear record of when service occurred (for example, a stamped delivery confirmation or written certificate of service) because the Judge's filing obligation and other time-sensitive steps depend on that date.
• If you represent a party, preserve proof of service to resolve any dispute about the filing timeline.

Before docketing, a Judge can relieve a party from default or grant reinstatement using the authorities in 2200.101(b), 2200.52(f)(2), or 2200.64(b). See the Relief from default provision in 2200.90(c) together with 2200.101(b), 2200.52(f)(2), and 2200.64(b).

• These cited sections set out the procedures and standards for relief from default or reinstatement (for example, conditions for good cause, motions, or procedural steps).
• If you need relief, act promptly because once the Executive Secretary dockets the Judge's report, the Judge's authority to grant those remedies under 2200.90(c) ends.

The Executive Secretary is responsible for docketing the Judge's report promptly and notifying all parties of the docketing date. See the Docketing of Judge's report by Executive Secretary in 2200.90(b)(3).

• Parties should care because the docketing date fixes the official date used for statutory purposes (for example, section 12(j) of the Act) and may start or change other procedural deadlines.
• Keep contact information current so you receive the Executive Secretary's notice without delay.

The Judge's report must include the entire record, which may include settlement agreements entered into during the case; whether a settlement is publicly posted or kept confidential is governed by separate FOIA and Commission rules. See 2200.90(b)(1) and the OSHA letter explaining OSHA's web posting practices at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• OSHA's letter of interpretation states that major settlement agreements are posted on OSHA's website, while most settlement agreements are not posted publicly but remain subject to disclosure under the Freedom of Information Act. See OSHA website citation postings, Sept. 27, 2004.
• If confidentiality of a settlement is a concern, the parties should address that in the settlement terms and be aware FOIA obligations and Commission posting rules may affect public disclosure.

Before docketing, the Judge controls the record and makes determinations about what belongs in the Judge's report and whether to accept late filings; after docketing, the Executive Secretary controls filings and parties must file with the Executive Secretary except for items required to be filed with the Judge. See 2200.90(c) and 2200.90(d).

• The Judge may relieve defaults and accept certain filings up until docketing; once the Executive Secretary dockets the report, filings shift to the Executive Secretary's office.
• Parties should follow the Judge's instructions before docketing and the Executive Secretary's filing rules after docketing to ensure proper placement on the official docket.

If a filing error is discovered after docketing, the party should promptly submit the correct document to the Executive Secretary and explain the error, and if relief from any consequences is needed, explore post-docketing remedies under the Commission's rules. See 2200.90(d) and the general Commission filing rules at 2200.

• Because the Judge's authority to relieve defaults ends at docketing, parties relying on relief based on misfiling should review post-docketing procedures and consider motions to the Commission or other remedies allowed by the rules.
• Acting quickly and documenting the mistake and attempted corrections improves the chances of an administrative remedy.

Counsel should verify the service date of the Judge's decision, confirm the Judge files the complete record by the 11th day after service, and monitor for the Executive Secretary's docketing notice. See the Filing of Judge's report in 2200.90(b)(2) and the Docketing requirement in 2200.90(b)(3).

• Keep accurate proof of service and a copy of the Judge's decision, track the 11-day deadline for the Judge's filing, and ensure contact information for the Executive Secretary is correct so the docketing notice is received.
• Timely attention prevents missed deadlines that depend on the docketing date (for example, appeal-related time limits).