29 CFR Part 1991

PART 1991—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER THE CRIMINAL
ANTITRUST ANTI-RETALIATION ACT
(CAARA)
Authority:15 U.S.C. 7a–3; Secretary of Labor's Order 08–2020 (May 15, 2020), 85 FR 58393
(September 18, 2020); Secretary of Labor's Order 01–2020 (Feb. 21, 2020), 85 FR 13186–01
(Mar. 6, 2020).
Source:88 FR 8763, Feb. 10, 2023, unless otherwise noted.

Subpart A—Complaints, Investigations, Findings, and
Preliminary Orders
§ 1991.100 Purpose and scope.
(a) This part sets forth procedures for, and interpretations of section 2 of the Criminal Antitrust
Anti-Retaliation Act (CAARA), Public Law 116–257, 134 Stat. 1147 (December 23, 2020)
(codified at 15 U.S.C. 7a–3). CAARA provides for protection from retaliation because the
covered individual has engaged in protected activity pertaining to any violation of, or any act
or omission which the covered individual reasonably believes constitutes a violation of, section
1 or 3 of the Sherman Act; or any violation of, or any act or omission the covered individual
reasonably believes to be a violation of, another criminal law committed in conjunction with a
potential violation of section 1 or 3 of the Sherman Act or in conjunction with an investigation
by the Department of Justice of a potential violation of section 1 or 3 of the Sherman Act.
(b) This part establishes procedures under CAARA for the expeditious handling of retaliation
complaints filed by covered individuals, or by persons acting on their behalf. These rules,
together with those codified at 29 CFR part 18, set forth the procedures under CAARA for
submission of complaints, investigations, issuance of findings and preliminary orders,
objections to findings and orders, litigation before administrative law judges (ALJs), posthearing administrative review, and withdrawals and settlements. In addition, these rules
provide the Secretary's interpretations of certain statutory provisions.

§ 1991.101 Definitions.
As used in this part:

Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health
or the person or persons to whom the Assistant Secretary delegates authority under CAARA.
Antitrust laws means section 1 or 3 of the Sherman Act (15 U.S.C. 1 or 3).
Business days means days other than Saturdays, Sundays, and Federal holidays.
CAARA means the Criminal Antitrust Anti-Retaliation Act, Public Law 116–257, 134 Stat.
1147 (December 23, 2020) (codified at 15 U.S.C. 7a–3).
Complainant means the covered individual who filed a CAARA complaint or on whose behalf
a complaint was filed.
Covered individual means an employee, contractor, subcontractor, or agent of an employer and
includes an individual presently or formerly working for, an individual applying to work for, or
an individual whose employment could be affected by, another person.
DOJ means the Antitrust Division of the United States Department of Justice.
Employer means a person, or any officer, employee, contractor, subcontractor, or agent of such
person.
Federal Government means a Federal regulatory or law enforcement agency; or any Member
of Congress or committee of Congress.
OSHA means the Occupational Safety and Health Administration of the United States
Department of Labor.
Person has the same meaning as in 15 U.S.C. 12(a) and includes individuals as well as
corporations and associations existing under or authorized by the laws of either the United
States, the laws of any of the Territories, the laws of any State, or the laws of any foreign
country.
Respondent means the person named in the complaint who is alleged to have violated CAARA.
Secretary means the Secretary of Labor.

§ 1991.102 Obligations and prohibited acts.
(a) No employer may discharge, demote, suspend, threaten, harass, or in any other manner
retaliate against, including, but not limited to, intimidating, restraining, coercing, blacklisting,
or disciplining, a covered individual in the terms and conditions of employment of the covered
individual because of any lawful act done by the covered individual to engage in any of the
activities specified in paragraph (b)(1) and (2) of this section.

(b) A covered individual is protected against retaliation (as described in paragraph (a) of this
section) for any lawful act done by the covered individual:
(1) To provide information, or cause information to be provided to the Federal Government
or a person with supervisory authority over the individual, or any other person working for
the employer who has the authority to investigate, discover, or terminate misconduct,
regarding:
(i) Any violation of, or any act or omission the covered individual reasonably believes to be
a violation of, the antitrust laws; or
(ii) Any violation of, or any act or omission the covered individual reasonably believes to
be a violation of, another criminal law committed in conjunction with a potential violation
of the antitrust laws or in conjunction with an investigation by the Department of Justice of
a potential violation of the antitrust laws; or
(2) To cause to be filed, testify in, participate in, or otherwise assist a Federal Government
investigation or a Federal Government proceeding filed or about to be filed (with any
knowledge of the employer) relating to:
(i) Any violation of, or any act or omission the covered individual reasonably believes to be
a violation of, the antitrust laws; or
(ii) Any violation of, or any act or omission the covered individual reasonably believes to
be a violation of, another criminal law committed in conjunction with a potential violation
or in conjunction with an investigation by the Department of Justice of a potential violation
of the antitrust laws.
(3) The term violation with respect to the antitrust laws shall not be construed to include a
civil violation of any law that is not also a criminal violation.
(4) Paragraphs (b)(1) and (2) of this section shall not apply to any covered individual if the
covered individual:
(i) Planned and initiated a violation or attempted violation of the antitrust laws;
(ii) Planned and initiated a violation or attempted violation of another criminal law in
conjunction with a violation or attempted violation of the antitrust laws; or
(iii) Planned and initiated an obstruction or attempted obstruction of an investigation by the
Department of Justice of a violation of the antitrust laws.

§ 1991.103 Filing of retaliation complaint.

(a) Who may file. A covered individual who believes that they have been discharged or
otherwise retaliated against by any employer in violation of CAARA may file, or have filed by
any person on their behalf, a complaint alleging such retaliation.
(b) Nature of filing. No particular form of complaint is required. A complaint may be filed
orally or in writing. Oral complaints will be reduced to writing by OSHA. If the complainant is
unable to file the complaint in English, OSHA will accept the complaint in any language.
(c) Place of filing. The complaint should be filed with the OSHA office responsible for
enforcement activities in the geographical area where the complainant resides or was
employed, but may be filed with any OSHA officer or employee. Addresses and telephone
numbers for these officials are set forth in local directories and at the following internet
address: http://www.osha.gov. Complaints may also be filed online at
https://www.osha.gov/whistleblower/WBComplaint.html.
(d) Time for filing. Within 180 days after an alleged violation of CAARA occurs, any person
who believes that they have been retaliated against in violation of CAARA may file, or have
filed by any person on their behalf, a complaint alleging such retaliation. The date of the
postmark, facsimile transmittal, electronic filing or transmittal, telephone call, hand-delivery,
delivery to a third-party commercial carrier, or in-person filing at an OSHA office will be
considered the date of filing. The time for filing a complaint may be tolled for reasons
warranted by applicable case law. For example, OSHA may consider the time for filing a
complaint to be tolled if a complainant mistakenly files a complaint with an agency other than
OSHA within 180 days after an alleged adverse action.

§ 1991.104 Investigation.
(a) OSHA will notify the respondent(s) and the complainant's employer (if different) of the
filing of the complaint, of the allegations contained in the complaint, and of the substance of
the evidence supporting the complaint. Such materials will be redacted, if necessary, consistent
with the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable confidentiality laws. OSHA
will also notify the respondent of its rights under paragraphs (b) and (f) of this section and §
1991.110(e). OSHA will provide an unredacted copy of these same materials to the
complainant (or the complainant's legal counsel if complainant is represented by counsel) and
to the DOJ.
(b) Within 20 days of receipt of the notice of the filing of the complaint provided under
paragraph (a) of this section, the respondent may submit to OSHA a written statement and any
affidavits or documents substantiating its position. Within the same 20 days, the respondent
may request a meeting with OSHA to present its position.
(c) During the investigation, OSHA will request that each party provide the other parties to the
whistleblower complaint with a copy of submissions to OSHA that are pertinent to the
whistleblower complaint. Alternatively, if a party does not provide its submissions to OSHA to
the other party, OSHA generally will provide them to the other party (or the party's legal
counsel if the party is represented by counsel) at a time permitting the other party an

opportunity to respond. Before providing such materials to the other party, OSHA will redact
them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other
applicable confidentiality laws. OSHA will also provide each party with an opportunity to
respond to the other party's submissions.
(d) Investigations will be conducted in a manner that protects the confidentiality of any person
who provides information on a confidential basis, other than the complainant, in accordance
with 29 CFR part 70.
(e)
(1) A complaint will be dismissed unless the complainant has made a prima facie showing
that a protected activity was a contributing factor in the adverse action alleged in the
complaint.
(2) The complaint, supplemented as appropriate by interviews of the complainant, must
allege the existence of facts and evidence to make a prima facie showing as follows:
(i) The individual engaged in a protected activity;
(ii) The respondent knew or suspected that the individual engaged in the protected activity;
(iii) The individual suffered an adverse action; and
(iv) The circumstances were sufficient to raise the inference that the protected activity was
a contributing factor in the adverse action.
(3) For purposes of determining whether to investigate, the complainant will be considered to
have met the required burden if the complaint on its face, supplemented as appropriate
through interviews of the complainant, alleges the existence of facts and either direct or
circumstantial evidence to meet the required showing, i.e., to give rise to an inference that the
respondent knew or suspected that the individual engaged in protected activity and that the
protected activity was a contributing factor in the adverse action. The burden may be
satisfied, for example, if the complainant shows that the adverse action took place shortly
after the protected activity. If the required showing has not been made, the complainant (or
the complainant's legal counsel if complainant is represented by counsel) will be so notified
and the investigation will not commence.
(4) Notwithstanding a finding that a complainant has made a prima facie showing, as
required by this section, further investigation of the complaint will not be conducted if the
respondent demonstrates by clear and convincing evidence that it would have taken the same
adverse action in the absence of the complainant's protected activity.
(5) If the respondent fails to make a timely response or fails to satisfy its burden set forth in
the prior paragraph, OSHA will proceed with the investigation. The investigation will

proceed whenever it is necessary or appropriate to confirm or verify the information provided
by the respondent.
(f) Prior to the issuance of findings and a preliminary order as provided for in § 1991.105, if
OSHA has reasonable cause, on the basis of information gathered under the procedures of this
part, to believe that the respondent has violated CAARA and that preliminary reinstatement is
warranted, OSHA will contact the respondent (or the respondent's legal counsel if respondent
is represented by counsel) to give notice of the substance of the relevant evidence supporting
the complainant's allegations as developed during the course of the investigation. This
evidence includes any witness statements, which will be redacted to protect the identity of
confidential informants where statements were given in confidence; if the statements cannot be
redacted without revealing the identity of confidential informants, summaries of their contents
will be provided. The complainant will also receive a copy of the materials that must be
provided to the respondent under this paragraph. Before providing such materials, OSHA will
redact them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other
applicable confidentiality laws. The respondent will be given the opportunity to submit a
written response, to meet with the investigator, to present statements from witnesses in support
of its position, and to present legal and factual arguments. The respondent must present this
evidence within 10 business days of OSHA's notification pursuant to this paragraph, or as soon
thereafter as OSHA and the respondent can agree, if the interests of justice so require.

§ 1991.105 Issuance of findings and preliminary orders.
(a) After considering all the relevant information collected during the investigation, the
Assistant Secretary will issue, within 60 days of the filing of the complaint, written findings as
to whether or not there is reasonable cause to believe that the respondent has retaliated against
the complainant in violation of CAARA.
(1) If the Assistant Secretary concludes that there is reasonable cause to believe that a
violation has occurred, the Assistant Secretary will accompany the findings with a
preliminary order providing relief to the complainant. The preliminary order will include all
relief necessary to make the complainant whole including, where appropriate: reinstatement
with the same seniority status that the complainant would have had, but for the retaliation;
back pay with interest; and compensation for any special damages sustained as a result of the
retaliation, including litigation costs, expert witness fees, and reasonable attorney fees.
Interest on back pay will be calculated using the interest rate applicable to underpayment of
taxes under 26 U.S.C. 6621(a)(2) and will be compounded daily. Where appropriate, the
preliminary order will also require the respondent to submit appropriate documentation to the
Social Security Administration allocating any back pay award to the appropriate periods.
(2) If the Assistant Secretary concludes that a violation has not occurred, the Assistant
Secretary will notify the parties of that finding.
(b) The findings and, where appropriate, the preliminary order will be sent by physical or
electronic means that allow OSHA to confirm delivery to all parties of record (or each party's
legal counsel if the party is represented by counsel). The findings and, where appropriate, the

preliminary order will inform the parties of the right to object to the findings and/or order and
to request a hearing, and of the right of the respondent to request an award of attorney fees not
exceeding $1,000 from the ALJ, regardless of whether the respondent has filed objections, if
the respondent alleges that the complaint was frivolous or brought in bad faith. The findings
and, where appropriate, the preliminary order, also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate information regarding
filing objections electronically with the Office of Administrative Law Judges if electronic
filing is available. The findings also may specify the means, including electronic means, for
serving OSHA and the Associate Solicitor for Fair Labor Standards with documents in the
administrative litigation as required under this part. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the original complaint and a copy
of the findings and/or order.
(c) The findings and any preliminary order will be effective 30 days after receipt by the
respondent (or the respondent's legal counsel if the respondent is represented by counsel), or on
the compliance date set forth in the preliminary order, whichever is later, unless an objection
and/or a request for hearing has been timely filed as provided at § 1991.106. However, the
portion of any preliminary order requiring reinstatement will be effective immediately upon the
respondent's receipt of the findings and the preliminary order, regardless of any objections to
the findings and/or the order.

Subpart B—Litigation
§ 1991.106 Objections to the findings and the preliminary
order and requests for a hearing.
(a) Any party who desires review, including judicial review, of the findings and/or preliminary
order, or a respondent alleging that the complaint was frivolous or brought in bad faith who
seeks an award of attorney fees under CAARA, must file any objections and/or a request for a
hearing on the record within 30 days of receipt of the findings and preliminary order pursuant
to § 1991.105. The objections and request for hearing and/or request for attorney fees must be
in writing and must state whether the objections are to the findings, the preliminary order, or
both, and/or whether there should be an award of attorney fees. The date of the postmark,
facsimile transmittal, or electronic transmittal is considered the date of filing; if the objection is
filed in person, by hand delivery, or other means, the objection is filed upon receipt. Objections
must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, in
accordance with 29 CFR part 18, and copies of the objections must be served at the same time
on the other parties of record, the OSHA official who issued the findings and order, the
Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor. OSHA and the Associate Solicitor for Fair Labor Standards may specify
the means, including electronic means, for serving them with copies of the objections.
(b) If a timely objection is filed, all provisions of the preliminary order will be stayed, except
for the portion requiring preliminary reinstatement, which will not be automatically stayed.
The portion of the preliminary order requiring reinstatement will be effective immediately

upon the respondent's receipt of the findings and preliminary order, regardless of any
objections to the order. The respondent may file a motion with the Office of Administrative
Law Judges for a stay of the Assistant Secretary's preliminary order of reinstatement, which
shall be granted only based on exceptional circumstances. If no timely objection is filed with
respect to either the findings or the preliminary order, the findings and/or the preliminary order
will become the final decision of the Secretary, not subject to judicial review.

§ 1991.107 Hearings.
(a) Except as provided in this part, proceedings will be conducted in accordance with the rules
of practice and procedure for administrative hearings before the Office of Administrative Law
Judges, codified at 29 CFR part 18, subpart A.
(b) Upon receipt of an objection and request for hearing, the Chief Administrative Law Judge
will promptly assign the case to an ALJ who will notify the parties of the day, time, and place
of hearing. The hearing is to commence expeditiously, except upon a showing of good cause or
unless otherwise agreed to by the parties. Hearings will be conducted de novo on the record.
ALJs have broad discretion to limit discovery in order to expedite the hearing.
(c) If both the complainant and the respondent object to the findings and/or order, the
objections will be consolidated and a single hearing will be conducted.
(d) Formal rules of evidence will not apply, but rules or principles designed to assure
production of the most probative evidence will be applied. The ALJ may exclude evidence that
is immaterial, irrelevant, or unduly repetitious.

§ 1991.108 Role of Federal agencies.
(a)
(1) The complainant and the respondent will be parties in every proceeding and must be
served with copies of all documents in the case. At the Assistant Secretary's discretion, the
Assistant Secretary may participate as a party or as amicus curiae at any time at any stage of
the proceeding. This right to participate includes, but is not limited to, the right to petition for
review of a decision of an ALJ, including a decision approving or rejecting a settlement
agreement between the complainant and the respondent, and the right to seek discretionary
review of a decision of the Administrative Review Board (ARB) from the Secretary.
(2) Parties must send copies of documents to OSHA and to the Associate Solicitor, Division
of Fair Labor Standards, U.S. Department of Labor, only upon request of OSHA, or when
OSHA is participating in the proceeding, or when service on OSHA and the Associate
Solicitor is otherwise required by these rules. Except as otherwise provided in rules of
practice and/or procedure before the OALJ or the ARB, OSHA and the Associate Solicitor
for Fair Labor Standards may specify the means, including electronic means, for serving
them with documents under this section.

(b) The DOJ, if interested in a proceeding, may participate as amicus curiae at any time in the
proceeding, at the DOJ's discretion. At the request of the DOJ, copies of all documents in a
case must be sent to the DOJ, whether or not it is participating in the proceeding.

§ 1991.109 Decisions and orders of the administrative law
judge.
(a) The decision of the ALJ will contain appropriate findings, conclusions, and an order
pertaining to the remedies provided in paragraph (d) of this section, as appropriate. A
determination that a violation has occurred may be made only if the complainant has
demonstrated by a preponderance of the evidence that protected activity was a contributing
factor in the adverse action alleged in the complaint.
(b) If the complainant has satisfied the burden set forth in the prior paragraph, relief may not be
ordered if the respondent demonstrates by clear and convincing evidence that it would have
taken the same adverse action in the absence of any protected activity.
(c) Neither OSHA's determination to dismiss a complaint without completing an investigation
pursuant to § 1991.104(e) nor OSHA's determination to proceed with an investigation is
subject to review by the ALJ, and a complaint may not be remanded for the completion of an
investigation or for additional findings on the basis that a determination to dismiss was made in
error. Rather, if there otherwise is jurisdiction, the ALJ will hear the case on the merits or
dispose of the matter without a hearing if the facts and circumstances warrant.
(d)
(1) If the ALJ concludes that the respondent has violated the law, the ALJ will issue an order
providing all relief necessary to make the complainant whole, including, where appropriate:
reinstatement with the same seniority status that the complainant would have had, but for the
retaliation; back pay with interest; and compensation for any special damages sustained as a
result of the retaliation, including litigation costs, expert witness fees, and reasonable
attorney fees. Interest on back pay will be calculated using the interest rate applicable to
underpayment of taxes under 26 U.S.C. 6621(a)(2) and will be compounded daily. The order
will also require the respondent to submit appropriate documentation to the Social Security
Administration allocating any back pay award to the appropriate periods.
(2) If the ALJ determines that the respondent has not violated the law, an order will be issued
denying the complaint. If, upon the request of the respondent, the ALJ determines that a
complaint was frivolous or was brought in bad faith, the ALJ may award to the respondent a
reasonable attorney fee, not exceeding $1,000.
(e) The decision will be served upon all parties to the proceeding, the Assistant Secretary, and
the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. OSHA
and the Associate Solicitor for Fair Labor Standards may specify the means, including
electronic means, for service of decisions on them under this section. Any ALJ's decision

requiring reinstatement or lifting an order of reinstatement by the Assistant Secretary will be
effective immediately upon receipt of the decision by the respondent. All other portions of the
ALJ's order will be effective 30 days after the date of the decision unless a timely petition for
review has been filed with the ARB. The decision of the ALJ will become the final order of the
Secretary unless a petition for review is timely filed with the ARB and the ARB accepts the
petition for review.

§ 1991.110 Decisions and orders of the Administrative
Review Board.
(a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a
respondent alleging that the complaint was frivolous or brought in bad faith who seeks an
award of attorney fees, must file a written petition for review with the ARB, which has been
delegated the authority to act for the Secretary and issue decisions under this part subject to the
Secretary's discretionary review. The parties should identify in their petitions for review the
legal conclusions or orders to which they object, or the objections may be deemed waived. A
petition must be filed within 30 days of the date of the decision of the ALJ. All petitions and
documents submitted to the ARB must be filed in accordance with 29 CFR part 26. The date of
the postmark, facsimile transmittal, or electronic transmittal will be considered to be the date of
filing; if the petition is filed in person, by hand delivery, or other means, the petition is
considered filed upon receipt. The petition must be served on all parties and on the Chief
Administrative Law Judge at the time it is filed with the ARB. The petition for review also
must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor. OSHA and the Associate Solicitor for Fair Labor
Standards may specify the means, including electronic means, for service of petitions for
review on them under this section.
(b) If a timely petition for review is filed pursuant to paragraph (a) of this section, the decision
of the ALJ will become the final order of the Secretary unless the ARB, within 30 days of the
filing of the petition, issues an order notifying the parties that the case has been accepted for
review. If a case is accepted for review, the decision of the ALJ will be inoperative unless and
until the ARB issues an order adopting the decision, except that any order of reinstatement will
be effective while review is conducted by the ARB, unless the ARB grants a motion by the
respondent to stay that order based on exceptional circumstances. The ARB will specify the
terms under which any briefs are to be filed. The ARB will review the factual determinations
of the ALJ under the substantial evidence standard. If a timely petition for review is not filed,
or the ARB denies review, the decision of the ALJ will become the final order of the Secretary.
If a timely petition for review is not filed, the resulting final order is not subject to judicial
review.
(c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing,
which will be deemed to be 30 days after the decision of the ALJ, unless a motion for
reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the
hearing is the date the motion for reconsideration is ruled upon or 30 days after a new decision
is issued. The ARB's decision will be served upon all parties and the Chief Administrative Law

Judge. The decision will also be served on the Assistant Secretary and on the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant
Secretary is not a party. OSHA and the Associate Solicitor for Fair Labor Standards may
specify the means, including electronic means, for service of ARB decisions on them under
this section.
(d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order
providing all relief necessary to make the complainant whole. The order will require, where
appropriate: reinstatement with the same seniority status that the complainant would have had,
but for the retaliation; back pay with interest; and compensation for any special damages
sustained as a result of the retaliation, including litigation costs, expert witness fees, and
reasonable attorney fees. Interest on back pay will be calculated using the interest rate
applicable to underpayment of taxes under 26 U.S.C. 6621(a)(2) and will be compounded
daily. The order will also require the respondent to submit appropriate documentation to the
Social Security Administration allocating any back pay award to the appropriate periods. Such
order is subject to discretionary review by the Secretary (as provided in Secretary's Order 01–
2020 or any successor to that order).
(e) If the ARB determines that the respondent has not violated the law, an order will be issued
denying the complaint. If, upon the request of the respondent, the ARB determines that a
complaint was frivolous or was brought in bad faith, the ARB may award to the respondent a
reasonable attorney fee, not exceeding $1,000. An order under this section is subject to
discretionary review by the Secretary (as provided in Secretary's Order 01–2020 or any
successor to that order).

Subpart C—Miscellaneous Provisions
§ 1991.111 Withdrawal of complaints, findings, objections,
and petitions for review; settlement.
(a) At any time prior to the filing of objections to the Assistant Secretary's findings and/or
preliminary order, a complainant may withdraw the complaint by notifying OSHA, orally or in
writing, of the withdrawal. OSHA then will confirm in writing the complainant's desire to
withdraw and determine whether to approve the withdrawal. OSHA will notify the parties (or
each party's legal counsel if the party is represented by counsel) of the approval of any
withdrawal. If the complaint is withdrawn because of settlement, the settlement must be
submitted for approval in accordance with paragraph (d) of this section. A complainant may
not withdraw the complaint after the filing of objections to the Assistant Secretary's findings
and/or preliminary order.
(b) The Assistant Secretary may withdraw the findings and/or preliminary order at any time
before the expiration of the 30-day objection period described in § 1991.106, provided that no
objection has been filed yet, and substitute new findings and/or a new preliminary order. The
date of the receipt of the substituted findings or order will begin a new 30-day objection period.

(c) At any time before the Assistant Secretary's findings and/or order become final, a party may
withdraw objections to the Assistant Secretary's findings and/or order by filing a written
withdrawal with the ALJ. If the case is on review with the ARB, a party may withdraw a
petition for review of an ALJ's decision at any time before that decision becomes final by filing
a written withdrawal with the ARB. The ALJ or the ARB, as the case may be, will determine
whether to approve the withdrawal of the objections or the petition for review. If the ALJ
approves a request to withdraw objections to the Assistant Secretary's findings and/or order,
and there are no other pending objections, the Assistant Secretary's findings and/or order will
become the final order of the Secretary. If the ARB approves a request to withdraw a petition
for review of an ALJ decision, and there are no other pending petitions for review of that
decision, the ALJ's decision will become the final order of the Secretary. If objections or a
petition for review are withdrawn because of settlement, the settlement must be submitted for
approval in accordance with paragraph (d) of this section.
(d)
(1) Investigative settlements. At any time after the filing of a complaint, but before the
findings and/or order are objected to or become a final order by operation of law, the case
may be settled if OSHA, the complainant, and the respondent agree to a settlement. OSHA's
approval of a settlement reached by the respondent and the complainant demonstrates
OSHA's consent and achieves the consent of all three parties.
(2) Adjudicatory settlements. At any time after the filing of objections to the Assistant
Secretary's findings and/or order, the case may be settled if the participating parties agree to a
settlement and the settlement is approved by the ALJ if the case is before the ALJ, or by the
ARB if the ARB has accepted the case for review. If the Secretary has accepted the case for
discretionary review, or directed that the case be referred for discretionary review, the
settlement must be approved by the Secretary. A copy of the settlement will be filed with the
ALJ or the ARB, as appropriate.
(e) Any settlement approved by OSHA, the ALJ, the ARB or the Secretary will constitute the
final order of the Secretary and may be enforced in United States district court pursuant to §
1991.113.

§ 1991.112 Judicial review.
(a) Within 60 days after the issuance of a final order for which judicial review is available
(including a decision issued by the Secretary upon discretionary review), any person adversely
affected or aggrieved by the order may file a petition for review of the order in the United
States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit
in which the complainant resided on the date of the violation.
(b) A final order is not subject to judicial review in any criminal or other civil proceeding.
(c) If a timely petition for review is filed, the record of the case, including the record of
proceedings before the ALJ, will be transmitted by the ARB or the ALJ, as the case may be, to

the appropriate court pursuant to the Federal Rules of Appellate Procedure and the local rules
of such court.

§ 1991.113 Judicial enforcement.
Whenever any person has failed to comply with a preliminary order of reinstatement or a final
order issued by the Secretary under CAARA, including one approving a settlement agreement,
the Secretary or the person on whose behalf the order was issued may file a civil action seeking
enforcement of the order in the United States district court for the district in which the violation
was found to have occurred.

§ 1991.114 District court jurisdiction of retaliation
complaints.
(a) If the Secretary has not issued a final decision within 180 days of the filing of the
complaint, and there is no showing that there has been delay due to the bad faith of the
complainant, the complainant may bring an action at law or equity for de novo review in the
appropriate district court of the United States, which will have jurisdiction over such an action
without regard to the amount in controversy.
(b) A proceeding under paragraph (a) of this section shall be governed by the same legal
burdens of proof specified in § 1991.109.
(c) Within seven days after filing a complaint in federal court, a complainant must file with
OSHA, the ALJ, or the ARB, depending on where the proceeding is pending, a copy of the
file-stamped complaint. A copy of the complaint also must be served on the OSHA official
who issued the findings and/or preliminary order, the Assistant Secretary, and the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

§ 1991.115 Special circumstances; waiver of rules.
In special circumstances not contemplated by the provisions of these rules, or for good cause
shown, the ALJ or the ARB on review may, upon application, and after three days' notice to all
parties, waive any rule or issue such orders that justice or the administration of CAARA requires.