Settlement procedures for awards

They can agree on a proposed settlement either before final action on the application or after the adversary adjudication has concluded, and this must follow the Commission's standard procedures. See 2204.404 and the Commission's settlement procedures at 2200.120.

If the parties agree on a proposed settlement before the application is filed, the applicant must file the application together with the proposed settlement. This filing requirement is set out in 2204.404.

If the underlying proceeding's settlement provides that each side shall bear its own expenses and that settlement is accepted, then no application for an award may be filed. This rule is explicit in 2204.404.

Not always — a settlement of the underlying adjudication can still be followed by a separate settlement or award of fees and expenses unless the agreed settlement explicitly provides that each side will bear its own expenses, in which case no application may be filed. See 2204.404.

The Commission's standard settlement procedures govern how proposed settlements of awards are handled and those procedures appear at 2200.120. The 2204.404 rule requires settlements to follow those procedures.

Yes — parties can include a proposed settlement of any award as part of the underlying case settlement, but if that settlement says each side will pay its own expenses and it is accepted, then no award application may be filed. See 2204.404.

The regulation contemplates that the Secretary may agree to a proposed settlement of the award — the Secretary's agreement is part of the process described in 2204.404 and such settlements must follow the Commission's procedures at 2200.120.

No — major settlement agreements may be posted, but the vast majority of settlement agreements between OSHA and employers are not placed on OSHA's public website, although they remain subject to disclosure under FOIA. See the OSHA interpretation on website posting at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 and the settlement rule at 2204.404.

An employer cannot rely on automatic confidentiality: settlement agreements are public information and most are not put on the OSHA web site, but they are still subject to public disclosure under FOIA, so confidentiality is limited. See the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 and the settlement procedures referenced in 2204.404.

When a settlement has been agreed upon prior to filing, the application must be filed together with the proposed settlement so the Commission can review it under its procedures. See 2204.404 and the Commission's review steps at 2200.120.

Yes — if the settlement of the underlying proceeding provides that each side shall bear its own expenses and that settlement is accepted, then no application for an award may be filed. This prohibition is stated in 2204.404.

Yes — proposed settlements of awards are subject to the Commission's standard settlement procedures and review as set out at 2200.120, so the Commission reviews settlements affecting awards before final action under 2204.404.

Yes — an applicant may file an application even if there is no settlement agreement; the regulation allows for settlements but does not require them and the application process proceeds under the Commission's procedures in 2200.120 and the filing rules in 2204.404.

Yes — settlements can be reached either before the final action on an application or after the adjudication concludes, but if reached before an application is filed the proposed settlement must be filed with the application; if the underlying settlement allocates expenses to each party, no application may be filed. See 2204.404 and 2200.120.

Yes — the Commission's rules provide that settlement agreements shall be posted in the same manner that employers are required to post citations and notices of contest, as discussed in OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 and reflected in the settlement context of 2204.404.

Yes — unless the parties' settlement explicitly provides that each side shall bear its own expenses and is accepted, the prevailing party may still file an application for fees after settlement; the governing rule is in 2204.404.

The Commission's standard settlement procedures at 2200.120 set out how a proposed settlement of an award must be processed, reviewed, and approved, and 2204.404 requires settlements to follow those procedures.

Settlement agreements are public information and, even if not posted on OSHA's website, they remain subject to disclosure under the Freedom of Information Act (FOIA). See OSHA's interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 and the settlement rule at 2204.404.

The next step is submission and review under the Commission's settlement procedures — proposed settlements of awards must be handled according to 2200.120 as required by 2204.404.

No — Secretary agreement to a proposed settlement does not bypass the Commission's review; settlements of awards must be processed under the Commission's standard procedures in 2200.120 as required by 2204.404.

The regulation does not list specific content limits for a proposed settlement, but it requires that any proposed settlement be processed under the Commission's settlement procedures and that a settlement allocating expenses to each side bars a later fee application; see 2204.404 and the procedure rules at 2200.120.

Document the settlement in writing and file the application together with the written proposed settlement if the agreement occurs before filing; this complies with 2204.404 and allows the Commission to review it under 2200.120.