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 

FULL 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 completely resolve 

this case. As a result of the reported settlement, any scheduled conference(s) with the Court and 

any scheduled hearing date(s) have been removed from the Court’s active calendar.

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 fully, 

executed, joint Notification of Settlement pursuant to revised Commission Rule 100(b)(1), 29 

C.F.R. § 2200.100(b)(1).

The Notification of Settlement shall:

(i) List the contested items that have been settled;

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

prescribed by revised Commission Rule 7(g); 29 C.F.R. §2200.7(g), to provide

 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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notice of the settlement to non-party affected employees. Certify the date the 

settlement agreement was posted;

(iii) If party status has been elected under revised Commission Rule 20; 29 C.F.R. 

§2200.20, 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 withdrawal of a notice of contest, citation, 

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

state whether such 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); 29 C.F.R. 2200.7(c), (d), and posting of 

the notice to non-party affected employees in the manner prescribed by revised 

Commission Rule 7(g); 29 C.F.R. §2200.7(g).

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

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

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

Together with the Notification of Settlement the parties shall file, for execution by the 

Judge, a draft Order Terminating Proceeding, acknowledging that the parties have resolved all 

contested citation items and agreed to terminate the proceeding before the Commission, pursuant 

to revised Commission Rule 100(b)(3), (c); 29 C.F.R. § 100(b)(3), (c). 

Joint Notification of Settlement and Order Terminating Proceeding, sample forms, are 

available on the Commission’s website homepage at https://www.oshrc.gov/sampledocuments. 

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

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

Terminating Proceeding. 

Accordingly, if the complete, executed, joint Notification of Settlement is not filed in the 

Commission’s E-File System within thirty (30) days of this Order, this case will be placed on 

the active hearing calendar and a hearing will be scheduled. 
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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 Settlement was sent 

electronically to the parties listed below on ______________________

/s/______________________

 ____________, Legal Assistant 

Post Office Address:

Judge _______________________