29 C.F.R. § 2200.1

Definitions

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As used in this part:

(a) Act means the Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678.

(b) Commission, person,employer, and employee have the meanings set forth in section 3 of the Act, 29 U.S.C. 652.

(d) Executive Secretary means the Executive Secretary of the Commission.

(e) Affected employee means an employee of a cited employer who is exposed to or has access to the hazard arising out of the allegedly violative circumstances, conditions, practices, or operations.

(f) Judge means an Administrative Law Judge appointed pursuant to section 12(e) of the Act, 29 U.S.C. 661(e), as amended by Public Law 95-251, 92 Stat. 183, 184 (1978).

(g) Authorized employee representative means a labor organization that has a collective bargaining relationship with the cited employer and that represents affected employees who are members of the collective bargaining unit.

(h) Representative means any person, including an authorized employee representative, authorized by a party or intervenor to represent it in a proceeding.

(i) Citation means a written communication issued by the Secretary to an employer pursuant to section 9(a) of the Act, 29 U.S.C. 658(a).

(j) Notification of proposed penalty means a written communication issued by the Secretary to an employer pursuant to section 10(a) or (b) of the Act, 29 U.S.C. 659(a) or (b).

(k) Day means a calendar day.

(l) Working day means all days except Saturdays, Sundays, or Federal holidays.

(m) Proceeding means any proceeding before the Commission or before a Judge.

(n) Pleadings are complaints and answers filed under § 2200.34, statements of reasons and employers' responses filed under § 2200.38, and petitions for modification of abatement and objecting parties' responses filed under § 2200.37. A motion is not a pleading within the meaning of these rules.

[84 FR 14558, Apr. 10, 2019; 84 FR 45654, Aug. 30, 2019]

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1975–2023 · leading case: Accu-Namics, Inc. v. Occupational Saf. & Health Review Comm'n, Sec'y of Labor, & Johnt. Dunlop, 515 F.2d 828 (5th Cir. 1975).

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Accu-Namics, Inc. v. Occupational Saf. & Health Review Comm'n, Sec'y of Labor, & Johnt. Dunlop, 515 F.2d 828 (5th Cir. 1975). “The hearing examiner (also called “judge,” 29 C.F.R. § 2200.1 (f)) is to hear and “make a determination upon” the proceedings and shall make a report of any such determination which constitutes his final disposition of the proceedings.”

In Re Stephen C. Perry, 859 F.2d 1043 (1st Cir. 1988). “The United Shipbuilding Crafts (USC) is not a party hereto; and the orders of October 7, 1987, and January 12, 1988, were specifically aimed at preventing the suggestion of that condition because the Commission does not allow any union participation unless the union has…”

Maryland Comm'r of Labor & Indus. v. Cole Roofing Co., 772 A.2d 1252 (Md. Ct. Spec. App. 2001). “4 Those courts then emphasize that Congress in enacting OSHA did not require employers to be an insurer of employee safety, but rather that employers are to promote such safety “as far as possible,” citing 29 U.”

McElroy v. Baker (S.D. Ga. 2023). “, 29 C.F.R. §§ 2200.1 (b), (f); 2200.2(a) (application of the regulations to “all proceedings before the [Occupational Safety and Health Review Commission] and its Judges”); see also 29 U.”

Schwarzer v. Shanklin (E.D. Tex. 2023). “, 29 C.F.R. §§ 2200.1 (b), (f); 2200.2(a) (application of the regulations to “all proceedings before the [Occupational Safety and Health Review Commission] and its Judges”); see also 29 U.”

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