- Part Number:2200
- Part Number Title:OSHA Review Commission
- Standard Number:
- GPO Source:
"Policy." Settlement is permitted and encouraged by the Commission at any stage of the proceedings.
"Requirements." The Commission does not require that the parties include any particular language in a settlement agreement, but does require that the agreement specify the terms of settlement for each contested item, specify any contested item or issue that remains to be decided (if any remain), and state whether any affected employees who have elected party status have raised an objection to the reasonableness of any abatement time. Unless the settlement agreement states otherwise, the withdrawal of a notice of contest, citation, notification of proposed penalty, or petition for modification of abatement period will be with prejudice.
"Filing; service and notice." A settlement submitted for approval after the Judge's report has been directed for review shall be filed with the Executive Secretary. When a settlement agreement is filed with the Judge or the Executive Secretary, proof of service shall be filed with the settlement agreement, showing service upon all parties and authorized employee representatives in the manner prescribed by 2200.7(c) and the posting of notice to non-party affected employees in the manner prescribed by 2200.7(g). The parties shall also file a final consent order for adoption by the Judge. If the time has not expired under these rules for electing party status, or if party status has been elected, as order terminating the litigation before the Commission because of the settlement shall not be issued until at least 10 days after service or posting to consider any affected employee's or authorized employee representative's objection to the reasonableness of any abatement time. The affected employee or authorized employee representative shall file any such objection within this time. If such objection is filed or stated in the settlement agreement, the Commission or the Judge shall provide an opportunity for the affected employees or authorized employee representative to be heard and present evidence on the objection, which shall be limited to the reasonableness of the abatement time.
"Form of settlement document." It is preferred that settlement documents be typewritten in conformance with 2200.30(a). However, a settlement document that is hand-written or printed in ink and is legible shall be acceptable for filing.
[51 FR 32015, Sept. 8, 1986, as amended at 57 FR 41688, Sept. 11, 1992]