United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

 

SECRETARY OF LABOR,

Complainant,

v. OSHRC DOCKET NO. 

 

 Respondent.

ORDER ACKNOWLEDGING PROPOSED

PARTIAL SETTLEMENT

By written notice filed in the Commission’s E-File System, counsel for the Complainant 

recently advised the Court that the parties have agreed to settlement terms to partially resolve this 

case.

In accord with the revised Commission Rules regarding settlements,1 within thirty (30) 

days of this Order, using the Commission’s E-Filing System, the parties shall file the executed 

joint Notification of Partial Settlement, pursuant to revised Commission Rule 100(b)(1).

The Notification of Partial Settlement shall:

(i) List the contested items that have been settled and also list the contested items that 

remain to be decided;

(ii) Certify that the parties’ settlement agreement has been posted in the manner 

prescribed by revised Commission Rule 7(g), to provide notice of the settlement to 

 1 OSHRC’s new Rules of Procedure were effective June 10, 2019 and all references contained 

herein refer to these revised Rules. Rules of Procedure, 84 Fed. Reg. 14554 (April 10, 2019) (to 

be codified at 29 C.F.R. pt. 2200). (https://www.federalregister.gov/documents/2019/04/10/2019-

06581/rules-of-procedure).
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non-party affected employees. Certify the date the settlement agreement was 

posted;

(iii) If party status has been elected under revised Commission Rule 20, certify that the 

party was afforded an opportunity to provide input on all matters pertaining to the 

settlement before the agreement was finalized;

(iv) If the settlement agreement includes the partial withdrawal of a notice of contest, 

citation, notification of proposed penalty, or petition for modification of abatement 

period, state whether such partial withdrawal is with prejudice;

(v) File a proof of service with the Notification of Settlement, showing service upon 

all parties and authorized employee representatives in the manner prescribed by 

revised Commission Rules 7(c) and (d); and posting of the notice to non-party 

affected employees in the manner prescribed by revised Commission Rule 7(g). 

The parties shall not incorporate the settlement agreement in, or append it to, the joint 

Notification of Partial Settlement. The parties shall not substitute the settlement agreement for 

the required joint submission. See revised Commission Rule 100(b)(2). 

An Order of Severance shall issue severing the settled citation items from this case 

pursuant to Commission Rule 10, 29 C.F.R. § 2200.10, which settled items shall be resolved 

independently in a newly assigned docket number. An Order Terminating Proceeding

regarding the settled citation items shall issue in the case designated with the newly assigned 

docket number. The Order Terminating Proceeding shall acknowledge that the parties have 

resolved the settled citation items and agreed to terminate the proceeding before the Commission

regarding those settled items, pursuant to revised Commission Rule 100(b)(3). 

Joint Notification of Partial Settlement and Order Terminating Proceeding, sample 

documents, are available on the Commission’s website homepage at OSHRC.gov, Sample 

Documents tab.

Commission policy favors settlement. Prompt receipt of the complete, executed, joint 

Notification of Partial Settlement must be received before the undersigned Judge may issue the 

Order of Severance and Order Terminating Proceeding regarding the settled citation items. 
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Accordingly, if the complete, executed, joint Notification of Partial Settlement is not filed 

in the Commission’s E-File System within thirty (30) days of this Order, all citation items in

this case will remain on the active hearing calendar. 

SO ORDERED. 

_____________________________

Judge, OSHRC

Dated:

Washington, D.C.
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CERTIFICATE OF SERVICE

This is to certify that a copy of the Order Acknowledging Proposed Partial Settlement was 

sent electronically to the parties listed below on ______________________

/s/______________________

 ____________, Legal Assistant 

Post Office Address:

Judge _______________________