Sec. 310. Correction of serious, willful, or repeated violations pending contest and procedures for a stay
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Section 10 (29 U.S.C. 659) is amended by adding at the end the following: For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. The filing of a notice of contest by an employer— shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated.
An employer that receives a citation alleging a violation designated as serious, willful, or repeated and that files a notice of contest to the citation asserting that the time set for abatement of the alleged violation is unreasonable or challenging the existence of the alleged violation may file with the Commission a motion to stay the period for the abatement of the violation. In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission may grant a stay only if the employer has demonstrated— a substantial likelihood of success on the areas contested under subparagraph (A); and that a stay will not adversely affect the health and safety of workers.
The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph
(A)on an expedited basis. At a minimum, such rules shall provide: That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. For notification to employees or representatives of affected employees of requests for such hearings and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to such hearings. .
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Sec. 310
Correction of serious, willful, or repeated violations pending contest and procedures for a stay
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