United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

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

Washington, DC 20036-3457

Phone: (202) 606-5405 Fax: (202) 606-5409

Notice of Decision

In Reference To:

Secretary of Labor v. 

OSHRC Docket No. 

1. Enclosed is a copy of my decision. The entire record, including this decision, shall constitute the 

report of this Administrative Law Judge pursuant to section 12(j) of the Occupational Safety and 

Health Act of 1970 (the Act), 29 U.S.C. § 661(j). The Judge’s report, which includes this 

decision, will be filed with the Commission’s Executive Secretary on [date]. See Commission 

Rule 90(b), 29 C.F.R. § 2200.90(b).1 The Executive Secretary will then issue a “Notice of 

Docketing of Administrative Law Judge’s Decision” that notifies all parties of the date that the 

Executive Secretary dockets the Judge’s report, and that will state the date by which a party must 

file a petition for discretionary review.

2. Commission final order. The decision shall become a final order of the Commission thirty (30) 

days from the date the Executive Secretary dockets the decision, unless a Commission member 

directs review of the Decision within that time. See Section 12(j) of the Act; Commission Rule 

90(f), 29 C.F.R. § 2200.90(f). 

3. Party adversely affected or aggrieved by the decision. A party adversely affected or aggrieved 

by the decision of the Judge may seek review by the Commission by filing a petition for 

discretionary review with the Executive Secretary at any time following the service of the Judge’s 

decision on the parties but no later than 20 days after the date of docketing of the Judge’s report. 

See Commission Rule 91(b), 29 C.F.R. § 2200.91(b). The Executive Secretary's address is as 

follows: 

Executive Secretary

Occupational Safety and Health Review Commission

One Lafayette Centre

1120 20th Street NW, Suite 980

Washington, D.C. 20036-3457

 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).
2

The full text of the rule governing the filing of a petition for discretionary review is Commission 

Rule 91, 29 C.F.R. § 2200.91.

4. Correction of errors in the Judge’s report. Up to the time that either the Commission directs 

review of the decision or the decision becomes a final order of the Commission, a request to 

correct clerical errors arising through oversight or inadvertence in the decision or in other parts 

of the Judge’s report shall be filed with the undersigned Judge, by motion, pursuant to 

Commission Rule 90(b)(4)(i), 29 C.F.R. § 2200.90(b)(4)(i). Motions shall conform to 

Commission Rule 40, 29 C.F.R. § 2200.40.

5. Relief from default. Requests for relief from default or for reinstatement of the proceeding may 

be filed with the undersigned Judge, by motion, until the date the Executive Secretary dockets 

the Judge’s report. See Commission Rule 90(c), 29 C.F.R. § 2200.90(c). Motions shall conform 

to Commission Rule 40, 29 C.F.R. § 2200.40.

6. Filing with Executive Secretary. Except for motions filed to correct errors in the Judge’s report 

discussed in paragraph 4 above, on or after the date the Executive Secretary dockets the Judge’s 

report, all documents shall be filed with the Executive Secretary. See Commission Rule 90(d), 

29 C.F.R. § 2200.90(d).

______________________________

Administrative Law Judge

Dated: