Issuance of findings orders

The Assistant Secretary must issue written findings within 30 days of the filing of the complaint. See 24.105 for the 30‑day requirement.

• This 30‑day period begins on the date the complaint is filed.
• If additional time is needed, the rule does not provide an extension—investigators should plan to complete fact‑finding quickly so the Assistant Secretary can meet the deadline.

An order can require abatement, reinstatement with pay and benefits, compensatory damages, and where applicable exemplary damages under specific statutes. See 24.105(a)(1) for the list of available remedies.

• Common remedies: abatement of the violation; reinstatement to the former position with compensation (including back pay), terms, conditions, and privileges of employment; and compensatory damages.
• Statute‑specific: exemplary damages may be ordered under the Toxic Substances Control Act and the Safe Drinking Water Act.
• At the complainant’s request, the order can also assess costs and reasonable attorney’s fees against the respondent.

Yes — at the complainant’s request, the order may assess the complainant’s reasonable costs and attorney’s fees against the respondent. See 24.105(a)(1) which allows assessment of costs and expenses (including attorney's fees) when requested.

• The fees and costs must be reasonably incurred in connection with filing the complaint.
• The complainant should specifically request this relief during the investigation or in their filings so the Assistant Secretary can include it in the order if appropriate.

Exemplary damages may be awarded only where appropriate under the Toxic Substances Control Act and the Safe Drinking Water Act. See 24.105(a)(1) for the limitation to those two statutes.

• Exemplary damages are not a general remedy for all statutes covered by the part—only for TSCA and SDWA when the facts support such an award.

If the Assistant Secretary finds no reasonable cause, the parties will be notified of that finding. See 24.105(a)(2).

• The written notice informs both parties (and their counsel, if represented) that the investigation did not establish reasonable cause.
• That notice should also explain how to file objections or request a hearing if the party wishes to contest the conclusion (see related provisions in 24.105(b)).

Findings and orders must be sent by a means that allows OSHA to confirm delivery to all parties of record and each party’s legal counsel if represented. See 24.105(b).

• Practical methods include certified mail with return receipt, commercial courier with tracking, or electronic delivery with delivery/read receipts when accepted by the recipient.
• Proper delivery is important because it starts the clock on the order’s effective date and on any deadlines to file objections or request a hearing.

The findings and order must inform the parties of their right to file objections and to request a hearing and provide the address of the Chief Administrative Law Judge. See 24.105(b).

• The notice should give clear instructions and the correct address to file objections or a hearing request with the Chief Administrative Law Judge.
• The parties should read that section carefully to meet any deadlines and filing requirements spelled out in 24.106.

Yes — the Assistant Secretary will file a copy of the original complaint and a copy of the findings and order with the Chief Administrative Law Judge, U.S. Department of Labor. See 24.105(b).

• Filing with the Chief ALJ establishes the administrative record and ensures the matter is available for any hearing or review initiated under 24.106.

An order becomes effective 30 days after receipt by the respondent (or the respondent's counsel) or on the compliance date set in the order, whichever is later, unless an objection or hearing request is filed as provided in 24.106. See 24.105(c).

• If the order sets a later compliance date, that later date controls the order’s effectiveness.
• Filing a timely objection or request for hearing under 24.106 suspends the order from taking effect as described.

If an employer wants to contest the findings, it must file objections and/or a request for hearing as provided in 24.106 before the order becomes effective. See 24.105(b) for the notice requirement and 24.105(c) for the effective‑date consequences.

• The findings will include the address of the Chief Administrative Law Judge where objections and hearing requests must be filed.
• Timely filing typically stays the order from becoming effective pending resolution through the administrative process.

Yes — the Assistant Secretary must consider all relevant information collected during the investigation before issuing findings on whether reasonable cause exists. See 24.105(a).

• This means documents, witness statements, employer records, and other evidence gathered should be evaluated to form the written findings.
• The quality and completeness of investigation records can affect whether the Assistant Secretary finds reasonable cause and what relief is ordered.

The Assistant Secretary's reasonable‑cause determination applies to the statutes listed in 24.100(a). See 24.105(a) linking the findings to those statutes.

• Examples include whistleblower protections under multiple environmental and public‑health statutes identified in 24.100(a).
• Consult 24.100(a) for the full list of covered statutes.

If the respondent is represented by counsel, the order's effective date is measured from receipt by the respondent's legal counsel; the order becomes effective 30 days after counsel receives it (or on a later compliance date set in the order), unless a timely objection or hearing request is filed. See 24.105(c).

• Delivery to counsel is therefore sufficient to trigger the 30‑day period.
• Make sure counsel receives and documents receipt because it starts deadlines for objections and compliance.

Confirmation of delivery is important because the effective date and the deadlines for filing objections or hearing requests depend on the date the respondent (or their counsel) receives the findings and order. See 24.105(b)–(c).

• Without confirmed delivery, parties may dispute when the 30‑day effective period began.
• OSHA uses delivery methods that allow confirmation to avoid such disputes and to ensure parties know their rights and deadlines.

Yes — an order may require the respondent to reinstate the complainant to their former position and provide compensation including back pay. See 24.105(a)(1).

• The order can also require restoration of terms, conditions, and privileges of employment in addition to back pay.
• The scope of reinstatement and back pay is based on the facts found during the investigation.

If abatement is ordered, the employer must correct the violation or take the actions specified in the order to remedy the retaliatory practice. See 24.105(a)(1) for abatement as an available remedy.

• Abatement could include reinstatement, changes to policies, training, or other actions necessary to stop the retaliation and prevent recurrence.
• The order will state any compliance dates; if the employer disagrees, it must file objections or a hearing request under 24.106 before the order takes effect.

Yes — the findings and order must provide the address of the Chief Administrative Law Judge so parties know where to file objections or a request for hearing. See 24.105(b).

• Including this address helps ensure due process by giving parties clear instructions and the correct filing location for administrative appeals under 24.106.

After issuing findings of reasonable cause, the Assistant Secretary will accompany those findings with an order providing relief to the complainant and will send the findings and order to the parties with confirmation of delivery; the Assistant Secretary will also file copies with the Chief Administrative Law Judge. See 24.105(a)(1)–(b).

• The order will state remedies, compliance dates, and advise parties of rights to object or request a hearing.
• The filing with the Chief ALJ creates the administrative record in case of further proceedings under 24.106.

Yes — the Assistant Secretary may order compensatory damages when the facts and law support such relief as part of the order provided with findings of reasonable cause. See 24.105(a)(1).

• Compensatory damages are meant to make the complainant whole for harms resulting from retaliation (e.g., lost wages, emotional harm).
• The scope and amount depend on the investigation’s findings and applicable statute.

The Assistant Secretary is responsible for determining whether there is reasonable cause to believe the respondent retaliated against the complainant. See 24.105(a).

• That decision is based on all relevant information collected during the investigation.
• If the Assistant Secretary concludes reasonable cause exists, an order with appropriate relief will accompany the findings.

If no objections or hearing request are filed, the order becomes effective 30 days after the respondent (or their counsel) receives it, unless the order sets a later compliance date in which case the later date controls. See 24.105(c).

• Employers should review the order for any compliance deadlines and plan to meet them unless they timely file objections under 24.106.
• Failure to comply after the order becomes effective can lead to enforcement actions.

Yes — the findings and order must inform the parties of their right to request a hearing and provide the Chief Administrative Law Judge’s address for filing requests. See 24.105(b).

• Parties should follow the procedures and timelines in 24.106 when requesting a hearing to ensure their objections are properly considered.