Petitions for judicial review

Copies of the petition must be sent to the Executive Secretary at the Commission's Office in Washington, D.C. as the rule requires sending copies to the Executive Secretary and the Office of the Executive Secretary at One Lafayette Centre, 1120 20th Street NW, Suite 980, Washington, DC 20036-3457. See the regulatory text at 2200.96 for the full mailing information.

The person or persons who filed the petition in the court of appeals must submit the copy to the Commission. The rule states the petition copy shall be submitted to the Commission "by the persons or person who filed the petition in the court of appeals." See 2200.96.

The copy must state that it is being submitted to the Commission pursuant to 28 U.S.C. 2112 and must be stamped by the court with the date of filing. The regulation requires the petition to indicate it is submitted under 28 U.S.C. 2112 and to carry the court's filing stamp. See 2200.96.

The copy should be submitted at the time the petition is filed in the court of appeals. The text explains that copies are received "from the persons instituting the review proceedings in a court of appeals," which means the copy accompanies the filing and bears the court filing stamp. See 2200.96.

You should use the Commission's Office address listed in the rule: One Lafayette Centre, 1120 20th Street NW, Suite 980, Washington, DC 20036-3457. The regulation provides this address for the Executive Secretary and Office of the Executive Secretary. See 2200.96.

Yes; each petition copy submitted to the Commission must be stamped by the court with the date of filing. The rule requires the petition copy to be "stamped by the court with the date of filing," so each separate filing should carry its own court stamp when provided to the Executive Secretary. See 2200.96.

The rule requires a court filing stamp on the copy submitted to the Commission, so an unstamped copy fails to meet that explicit requirement. Because the regulation states the petition "shall be stamped by the court with the date of filing," submitting an unstamped copy may leave the petition without the required proof of filing date before the Commission. See 2200.96.

No; 2200.96 directs that copies be submitted pursuant to 28 U.S.C. 2112(a)(1) but notes that 28 U.S.C. 2112(a) contains additional applicable requirements. The regulation therefore requires compliance with the statute in addition to the procedural details it specifies. See 2200.96.

The intended recipient is both the Executive Secretary (an officer) and the Office of the Executive Secretary (the office). The regulation names the Executive Secretary and the Office of the Executive Secretary at the Commission's Office as the designated recipients. See 2200.96.

2200.96 specifically addresses the Commission's receipt of copies when petitions for review are filed in two or more courts of appeals with respect to the same order, so its particular procedures are aimed at multiple simultaneous filings; a single filing is not the situation the paragraph addresses. For single-court filings, parties should follow usual filing and statutory requirements. See 2200.96.

The petition copy should explicitly state that it is being submitted to the Commission "pursuant to 28 U.S.C. 2112." The regulation requires that the petition "shall state that it is being submitted to the Commission pursuant to 28 U.S.C. 2112 by the persons or person who filed the petition in the court of appeals." See 2200.96.

The regulation requires that the petition be "stamped by the court with the date of filing," but it does not specify whether an original or certified copy is required; therefore filers should send a copy that clearly bears the court's official filing stamp so the Commission can verify the filing date. See 2200.96.

Each person or party who filed a petition in a court of appeals should submit their own copy of the petition to the Executive Secretary stamped by the court, and each copy should state that it is submitted pursuant to 28 U.S.C. 2112. The rule requires submission by "the persons or person who filed the petition in the court of appeals." See 2200.96.

Employers cannot generally require confidentiality for settlement agreements because major settlement agreements are posted on OSHA's website and most settlement agreements remain subject to disclosure under FOIA; however, many settlement agreements are not placed on the OSHA site, and the Occupational Safety and Health Review Commission's rules provide that settlement agreements are to be posted in the same manner as citations and notices of contest. See the OSHA interpretation on website postings at OSHA website citation postings and note the Commission's rules referenced in that letter. See also general Commission regulatory material at 2200.

The Executive Secretary is the designated Commission officer to receive copies of petitions filed in multiple courts of appeals so the Commission has official notice and documentation of the filings and their dates. The regulation names the Executive Secretary and the Office of the Executive Secretary as the recipients for those copies. See 2200.96.