Oral argument procedures

The Commission may order oral argument either on its own motion or after a party files a motion, and motions for oral argument are normally considered only after all briefs are filed. See 2200.95(a).

• File a motion for oral argument only after your briefs are submitted unless there is an exceptional reason to request earlier consideration.
• Your motion should explain why oral argument would help resolve the issues before the Commission.

The Executive Secretary will notify all parties whether oral argument will be heard and, within a reasonable time before argument, will inform the parties of the time, place, issues to be heard, and the time allotted. See 2200.95(b).

• Expect formal notice specifying logistics and the specific issues the Commission intends to hear.
• If you need accommodations or have scheduling conflicts, raise them promptly after receiving this notice.

Except under extraordinary circumstances, a request for postponement must be filed at least 10 days before the scheduled oral argument. See 2200.95(c)(1).

• If you miss the 10‑day window, you must show extraordinary circumstances to justify a later request.
• File the postponement motion promptly and explain the reason(s) in detail.

The Executive Secretary must notify parties of a postponement in a manner that avoids unnecessary travel or inconvenience and must inform all parties of the new time and place for the oral argument. See 2200.95(c)(2).

• Expect clear, timely notice so travel plans are not wasted.
• If you do not receive prompt notification after a postponement, contact the Office of the Executive Secretary immediately.

The Commission sets the time for oral argument and counsel may request an enlargement of time by filing a motion reasonably in advance of the argument date. See 2200.95(d)(1).

• File a timely motion explaining why extra time is needed and how much additional time you seek.
• Be specific about the issues that require extra time so the Commission can decide fairly.

Under the rule, the petitioning party argues first, and in cases with cross-petitions the Commission will inform parties in advance of the order of appearance. See 2200.95(d)(2).

• Expect the petitioner to open unless the Commission provides a different order ahead of time.
• If your case involves cross-petitions, look for the Commission’s pre-argument notice specifying the sequence.

You may reserve part of your allotted time for rebuttal, but in your opening argument you must present your case fairly and completely and must not reserve substantive points to make only during rebuttal. See 2200.95(d)(3).

• Reserve time for brief rebuttal but present all essential substantive arguments in your opening.
• Reserving key points solely for rebuttal is disfavored and may be interrupted by the Commission.

No—oral argument should emphasize and clarify the written briefs, and the Commission disfavors arguments that are read from previously filed documents. See 2200.95(d)(4).

• Use oral argument to highlight and explain the key points from the briefs rather than reading them aloud.
• Prepare concise, direct oral remarks and be ready to answer questions from the Commission.

Yes—the Commission may interrupt counsel at any time for questioning or may terminate a party’s argument. See 2200.95(d)(5).

• Be prepared for active questioning and concise answers.
• Avoid exceeding your allotted time or dwelling on points the Commissioners have already addressed.

If either party fails to appear, the party present may be allowed to proceed with its argument. See 2200.95(e).

• If you plan to proceed in the other party’s absence, be prepared to present your full argument and respond to Commissioners’ questions.
• If you are the absent party, notify the Executive Secretary as soon as possible to avoid adverse consequences.

Consolidated cases are treated as one case for allotting argument time unless the Commission directs otherwise. See 2200.95(f).

• Plan your presentation to cover consolidated matters within the single time allocation.
• If separate time is needed for distinct consolidated matters, move the Commission for different allocations well before the argument date.

Counsel representing the same side must agree on a fair division of the total time; if they fail to agree, the Commission will allocate the time, and the Commission must be notified of the names of counsel who will argue no later than 5 days before the argument. See 2200.95(g).

• Coordinate among counsel in advance to avoid the Commission imposing a division.
• If more than one counsel will argue, provide their names to the Commission at least 5 days before the hearing.

Yes—the Commission may, in its discretion, limit the number of counsel heard for each party or side in the argument. See 2200.95(g).

• Be prepared to consolidate speaking roles if the Commission imposes limits.
• Notify the Commission early if multiple counsel intend to participate to seek approval or avoid last-minute changes.

Yes—parties may use exhibits that were introduced into evidence at the hearing. See 2200.95(h)(1).

• If an exhibit is already in the record, you may display or reference it without extra notice.
• For any visual aid not in the record, follow the separate notice requirements.

You must give written notice to opposing counsel 15 days before the argument if you intend to use a visual aid not part of the record, and any objections must be filed in writing and served on adverse parties at least 7 days before the argument. See 2200.95(h)(1) and 2200.95(h)(2).

• Provide the written notice promptly and describe the visual aid and how it will be used.
• Opposing parties must raise objections in writing at least 7 days before argument so they can be resolved beforehand.

No—a visual aid may not introduce or rely upon facts or evidence that are not already part of the record. See 2200.95(h)(2).

• If a visual aid contains new facts, it may be disallowed or objected to by opposing counsel.
• To add new evidence, you must do so through the appropriate record-making procedures, not during oral argument.

If you plan to use visual aids or exhibits other than documents, you must arrange with the Executive Secretary to have them placed in the hearing room before the Commission convenes, and any visual aids not introduced into evidence must be removed after argument unless the Commission directs otherwise. See 2200.95(h)(3) and 2200.95(h)(4).

• Coordinate logistics with the Executive Secretary in advance (delivery, setup time).
• Plan to remove your non-record visual aids promptly after the hearing unless told otherwise.

If visual aids are not reclaimed within a reasonable time after notice is given by the Executive Secretary, they may be disposed of at the Executive Secretary’s discretion. See 2200.95.

• Retrieve any non‑record visual aids promptly after notification to avoid disposal.
• If disposal would cause loss of important materials, contact the Executive Secretary immediately to arrange pickup or preservation.

Unless the Commission directs otherwise, oral arguments are electronically recorded and transcribed verbatim, and the Commission pays for the court reporter’s fees and for copies of the transcript received by it. See 2200.95(i)(1).

• The official transcript becomes part of the Commission record.
• Parties who want their own copies must obtain and pay for additional copies (see next item).

Persons wishing to listen to recordings must arrange this with the Executive Secretary, and any party desiring a written copy of the transcript is responsible for securing and paying for its copy. See 2200.95(i)(2).

• Contact the Office of the Executive Secretary to arrange listening to electronic recordings.
• Order and pay for private copies of the transcript from the court reporter or transcription service.

Errors in the transcript may be corrected by the Commission on its own motion, by joint motion of the parties, or by motion of any party, and the motion must state the error and the correction. See 2200.95(i)(3).

• File a motion identifying the specific transcript error and the correction requested.
• The official transcript will be modified to reflect the Commission’s approved corrections.

Generally no—a party that fails to file a brief shall not be heard at oral argument except by permission of the Commission. See 2200.95(j).

• If you missed the briefing deadline, seek the Commission’s permission before oral argument if you want to be heard.
• The Commission may deny permission and proceed without hearing from the late party.

An amicus curiae must file a motion for leave to participate no later than 14 days before the scheduled oral argument, identify its interest, explain why participation is desirable, and any opposition to the motion must be filed within 10 days; participation is permitted only with the Commission’s leave. See 2200.95(k)(1), 2200.95(k)(2), 2200.95(k)(3), and 2200.95(k)(4).

• File the amicus motion at least 14 days before argument and explain clearly the amicus interest and reasons for participation.
• Expect that participation will usually be limited to the time allotted to the party the amicus supports, unless the Commission exceptionally grants separate time.

In extraordinary circumstances the amicus curiae may be allotted its own time for oral argument, but ordinarily participation is limited to part of the time allotted to the party in whose interest the amicus seeks to participate. See 2200.95(k)(1).

• If you represent an amicus seeking independent time, explain the extraordinary circumstances in the motion.
• The Commission retains discretion to grant or deny standalone argument time.

No—OSHA’s letter explains that only major settlement agreements are posted on the OSHA website, while the majority of settlement agreements are not posted though they remain subject to disclosure under FOIA. See the September 27, 2004 letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• The letter clarifies that posted materials are consistent with FOIA and the Electronic FOIA Amendments of 1996.
• Settlement agreements not posted can still be requested via FOIA procedures.