b'Garys CornerupdateGary Auman, MRCA Legal CounselOccupationalSafetyandHealthReviewcopying.Aformnoticeprovidedintheproceduralrules Commission Rule Changes satisfies the requirements.In June, employers will now need to also post along with this form notice, a copy of the notice Severalchangesareabouttooccurforemployersofcontestorpetitionformodificationoftheabatement regarding contesting OSHA citations.The updated OSHRCperiod.Further, affected employees currently have 10 days Rules of Procedure, which will go into effect on June 10, 2019,to let OSHA know of their intent to participate, but as of June were last revised in 2005. Please remember that these rulesemployees will be given 14 days.impact employers with citations issued under Federal OSHA.Thisprocedure(filingtheNOC)isabouttochange Those employers in or with citations issued in state plan statessignificantly for represented employers.As of the effective are still controlled by the procedure in their states.Many ofdateofthenewOSHRCrules,allthosepartieswhoare the time periods for taking action are being changed.Somerepresented by a third party will have to file all documents, of these time periods will encompass calendar days insteadincluding the NOC electronically through the Commissions of working days. E-filing will be preferred; but service bywebsite.Self-represented parties (an employer who decides mail will be permitted.All of the changes can be found onto represent itself in the NOC) may still mail, E-File, fax, or theOSHRCwebsiteat:https://www.oshrc.gov/assets/1/6/ personally deliver the NOC to the Area Director.There has Commission_Rules_Revision_Comparison_Document_ been no indication that the procedure for issuing citations to (gray_and_red_in_line).pdf .the subject employer by certified mail are changing. So, the CurrentlytocontestanOSHAcitation,employersemployer who elects to represent itself should carefully read must file a Notice of Contest (NOC) with the Area Directorthe instructions which appear in the paperwork, which will within fifteen (15) working days of receipt of the citation(s)accompany the citations, and follow those directions to be and serve it upon all parties.Currently, service on partiessure it correctly files its NOC. All those using the E-file system other than the Area Director can be accomplished by mail,must certify service of filed documents upon all other parties personal delivery, fax, or posting.So, currently the employerviaemailandmustcontinuetofileallotherdocuments canperfectserviceonotheraffectedparties(usuallytheelectronically.In other words, an unrepresented party may employees of the company) by posting the NOC along withnot choose to E-file one document and then change its mind theboilerplatedocumenttheemployerreceivesfromtheand switch to US mail. After an employer who chooses to AreaDirectorwiththecitationsatthesamelocationtherepresent itself elects to utilize E-filing it must utilize E-filing employer has posted the citations. Instructions for postingthereafter.Allpartiesmustbewarytoredactsensitive are included in some of the boilerplate information whichinformation (many examples are given in the rules) from their accompanies the citations.E-filed documents.Those unrepresented parties who choose Undercurrentprocedurestheemployerreceivesato physically mail their notice are given the same address in certificationpostcardfromtheOccupationalSafetyandWashington, DC as before; however, as the language has not Health Review Commission several weeks after the NOC haschanged under the new rules, and unless OSHA changes its procedures, the employer should file its NOC directly with the The employer is required toArea Director. We still recommend that employers who chose return this card to the OSHRCto use a representative to represent them in the NOC, permit their representative to file the NOC so the representative is within 48 hours in the loop for all subsequent pleadings that will occur in been sent to the Area Director. The employer is required tothe case. Of course, that representative will have to E-file the return this card to the OSHRC within 48 hours certifying thatNOC. Our office will continue to mail a copy of the NOC to it has noticed affected employees and (if they have them)the subject Area Director until all of the bugs have been theirdesignatedrepresentatives.Sometimesemployersworked out of the system and any questions regarding the dont know they have an affected employee who would like tonew procedures, which require interpretations or litigation, participate in the contest.This is why there is a requirementhave been resolved. Please remember that, with the modest to serve notice by posting or by mailing a copy of the NOC toprocedural change noted below, the fifteen (15) working day the employees designated union representative. Employersperiod to file the NOC is still in force and failure to comply postanoticeinformingemployeesoftheirrighttopartywill, in most cases, result in affirming the citations issued as statusandavailabilityofallpleadingsforinspectionandis.10 www.mrca.orgMidwest Roofer'