Documentation of fees and expenses

The application must include adequate documentation of the fees and expenses incurred after initiation of the adversary adjudication. See 2204.303 for the requirement.

• Provide receipts, vouchers, or other substantiation if requested by the judge or Commission. 2204.303.

You must include adequate documentation showing the reasonable cost of any study, analysis, engineering report, test, or project incurred after the initiation of the adversary adjudication. See 2204.303.

• Include invoices, engagement letters, reports, and payment records.
• Be prepared to provide vouchers or receipts if the judge or Commission requests them. 2204.303.

Each professional firm or individual must submit a separate itemized statement showing hours spent, a description of services, the rate used, expenses claimed, total claimed, and total paid or payable. See 2204.303.

• Break out hours by individual and task.
• List hourly or flat rates and any expenses separately.
• State amounts already paid or still outstanding. 2204.303.

You must provide adequate documentation of the fees and expenses incurred after initiation that are attributable to the portion of the Secretary's demand alleged to be excessive and unreasonable. See 2204.303.

• Show which hours and costs were driven solely by responding to the excessive portion of the demand.
• Provide contemporaneous time entries, correspondence, and billing to isolate those costs. 2204.303.

Yes; the judge or Commission may require vouchers, receipts, or other substantiation for any fees or expenses claimed. See 2204.303.

• Keep originals or copies of invoices, receipts, time records, and engagement letters ready to produce. 2204.303.

An application seeking an increase to account for inflation must include documentation of the change in the consumer price index for the attorney or agent's locality. See 2200.406 and 2204.303.

• Provide CPI figures or a CPI-based calculation tied to the attorney's locality.
• Show the base rate and the adjusted rate with the CPI calculation. 2200.406.

Firms must submit a separate itemized statement for each professional firm or individual showing hours spent by each individual and a description of the specific services performed. See 2204.303.

• List each attorney/agent by name, dates, hours, task descriptions, and rates.
• Avoid vague entries—use clear task descriptions tied to the proceeding. 2204.303.

Fees and expenses must have been incurred after the initiation of the adversary adjudication to be eligible for recovery. See 2204.303.

• Costs incurred before initiation are generally not recoverable.
• Clearly date and document all time entries and invoices to show they postdate initiation. 2204.303.

Out-of-pocket expenses should be listed separately in the itemized statement with supporting receipts or invoices and the total amount claimed. See 2204.303.

• Attach receipts or provide a clear explanation if a receipt is unavailable; be prepared to produce substantiation if requested. 2204.303.

You must state the total amount claimed and the total amount paid or payable by the applicant or any other person or entity for the services provided in the itemized statement. See 2204.303.

• Include evidence of payments made (bank transfers, canceled checks, paid invoices) and outstanding balances (billing statements). 2204.303.

No; a separate itemized statement must be submitted for each professional firm or individual whose services are covered by the application. See 2204.303.

• If multiple professionals are in one firm, include a firm-level statement that itemizes each individual's hours, rates, and tasks. 2204.303.

Time descriptions must be specific enough to show the services performed and support the hours claimed—vague entries are insufficient. See 2204.303.

• Use task-based entries (e.g., "drafted motion to dismiss—2.0 hours") rather than generic labels like "work on case." 2204.303.

You must disclose the total amount claimed and the total amount paid or payable by the applicant or by any other person or entity for the services provided. See 2204.303.

• Identify third-party payments and provide supporting invoices or payment records showing who paid what. 2204.303.

Document the specific services performed in settlement negotiations, the hours spent, rates, and any expenses, and show they were incurred after initiation of the adversary adjudication. See 2204.303.

• If the settlement negotiation involved responding to an excessive demand by the Secretary, isolate and document the costs attributable to that portion. 2204.303.

Yes; the judge or Commission may require vouchers, receipts, or other substantiation for any fees or expenses claimed, including expert reports. See 2204.303.

• Be prepared to produce engagement agreements, expert curricula vitae, invoices, and proof of payment. 2204.303.

Attorneys should keep contemporaneous time records, billing statements, receipts, engagement letters, invoices for experts, and proof of payments to support an EAJA application. See 2204.303.

• Record date, start/stop times or precise fractions of hours, task descriptions, and client/matter identifiers. 2204.303.

Include documentation of the change in the consumer price index for the attorney or agent's locality when seeking an inflation increase, and show the calculation that adjusts the fee rate. See 2200.406 and 2204.303.

• Provide the CPI figures used, the dates compared, and the mathematical adjustment from the base rate to the requested rate. 2200.406.

No specific notarization or certification is required by the rule, but the judge or Commission may request vouchers, receipts, or other substantiation for any claimed fees or expenses. See 2204.303.

• Provide reliable originals or copies of invoices, receipts, and records; be prepared to authenticate them if the judge requests. 2204.303.

Not all settlement agreements are posted on OSHA's website; OSHA posts major public agreements but most settlement agreements are not placed on the site though they remain subject to FOIA. See the OSHA Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 and 2204.303 for related posting rules.

• The letter explains that settlement agreements are public information and may be disclosed under FOIA even if not posted on the website. https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

You must disclose the total amount claimed and the total amount paid or payable by the applicant or any other person or entity, and provide supporting documentation of third-party payments. See 2204.303.

• Attach evidence such as payment records, third-party invoices, or indemnity agreements showing who paid or is obligated to pay. 2204.303.

Clerical or secretarial tasks generally should be treated as overhead and not billed as attorney fees; the itemized statement must honestly describe services and the judge may disallow improperly billed clerical time. See 2204.303.

• Ensure task descriptions differentiate legal work from clerical support and provide substantiation for any non-routine support billed. 2204.303.