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Glossary

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OSH ACT AND OSHA STANDARDS

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Employee Rights

Where the Secretary of Labor finds that a complaint has merit (where appropriate) he/she also will issue an order requiring:
  • Abatement of the violation
  • Reinstatement with back pay and related compensation
  • Payment of compensatory damages
  • Payment of the employee's expenses in bringing the complaint.

Either the employee or employer may object to the findings. If no objection is filed within 30 days, the finding and order are final. If a timely filed objection is made, however, the objecting party is entitled to a hearing on the objection before an Administrative Law Judge of the Department of Labor.

Within 120 days of the hearing, the Secretary will issue a final order. A party aggrieved by the final order may seek judicial review in a court of appeals within 60 days of the final order.

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