OSHA 24.106
Objections and hearing requests
Subpart B
20 Questions & Answers
Questions & Answers
Under 24.106(a), how should objections and/or requests for a hearing be submitted (format and required statement)?
Objections and/or requests for a hearing must be in writing and must state whether the objection is to the findings and/or the order. See 24.106.
Under 24.106(a), where must objections be filed and who must receive copies?
Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, and copies must be served on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. See 24.106.
Under 24.106(a), how is the "date of filing" determined for mailed, faxed, emailed, electronically submitted, or hand-delivered objections?
The date of filing is the date of the postmark, facsimile transmittal, email communication, or electronic submission; if filed in person or hand-delivered, the filing date is the date of receipt. See 24.106.
Under 24.106(b), what effect does filing a timely objection have on the provisions of the order?
If a timely objection is filed, all provisions of the order will be stayed. See 24.106.
Under 24.106(b), what happens if no timely objection is filed to the findings or the order?
If no timely objection is filed with respect to either the findings or the order, the findings and order will become the final decision of the Secretary and will not be subject to judicial review. See 24.106.
Under 24.106(a), does an email count as a timely filing if sent on the 30th day?
Yes; an email communication sent on the 30th day is considered the date of filing so long as it is actually transmitted that day. See 24.106.
Under 24.106(a), does filing by hand-delivery count as filed on the date you drop it off, or on the date it is received?
A hand-delivered objection is filed upon receipt, so the filing date is the date the filing is received by the designated recipient. See 24.106.
Under 24.106(a), do fax or electronic submissions get the same filing-date treatment as mailed filings?
Yes; the date of a facsimile transmittal or electronic submission is considered the date of filing, similar to the postmark rule for mailed filings. See 24.106.
Under 24.106(a), what must be included in the objection about what is being disputed?
The objection must state whether it is to the findings, the order, or both. See 24.106.
Under 24.106, can a party file an objection to obtain judicial review of the findings and order?
Under 24.106(a), who is the designated official to receive the objection filing?
Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor. See 24.106.
Under 24.106(a), when serving copies of objections, which Department of Labor officials must be served?
Copies must be served on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. See 24.106.
Under 24.106, if my objection is timely but incomplete, does the stay of the order still apply?
A timely objection will stay all provisions of the order; the regulation does not condition the stay on the objection being substantively complete, but you should include the required written statement specifying whether the objection is to the findings and/or the order to comply with 24.106.
Under 24.106(a), must the objection be accompanied by a separate request for a hearing to obtain a hearing?
You must file any objections and/or a request for a hearing; stating an objection alone without requesting a hearing may preserve the right to review but you should explicitly file a request for a hearing if you want one. See 24.106.
Under 24.106, does filing objections with the Chief Administrative Law Judge start the administrative hearing process under 29 CFR part 18?
Filing objections and/or a request for a hearing with the Chief Administrative Law Judge initiates review and placement on the record consistent with the procedures of 24.106; those objections are filed in accordance with the procedures referenced in 29 CFR part 18 as described in the regulation. See 24.106.
Under 24.106(a), if I mail an objection on the 30th day but it is postmarked the 31st day, is it timely?
Timeliness is determined by the date of the postmark for mailed filings; if the postmark is on or before the 30th day, the filing is timely. See 24.106.
Under 24.106(b), if I file a timely objection and the order is stayed, does that stop enforcement while the objection is decided?
Yes; a timely objection stays all provisions of the order, which halts enforcement of those provisions while the objection and any requested hearing are pending. See 24.106.
Under 24.106(a), is there a required method of service for the copies of objections to the other parties and officials?
The regulation requires that copies of the objections be served on the other parties and specified officials at the same time the objection is filed, but it does not prescribe a single mandatory method of service; service may be accomplished by methods consistent with filing rules and the filing-date provisions in 24.106.
Under 24.106, what happens if only the findings are objected to but not the order (or vice versa)?
You must state whether the objection is to the findings, the order, or both; if a timely objection is filed with respect to either the findings or the order, all provisions of the order will be stayed. If no timely objection is filed with respect to either one, the findings and order become final and not subject to judicial review. See 24.106.