b'As stated above, if an employer does not file their notice of contest within the required time frame, the caseQuestions?is over.The employer must pay the fines per the citation andperformanyrequiredabatementwithinthestatedUse the MRCA Legal Services Plan! abatement period.As of June, the failure of an employer toSee Page 7 for Detailsfile their notice of contest within 15 working days will result in a final order with relief permitted only under extraordinary circumstances and with a prompt filing of a request for relief.Finally,sometimessimplifiedproceedingsareusedfor This is really the first time that the OSHRC has indicated thatcontestingOSHAcitations.Currentlytheseproceedings all may not be lost if the employer misses the fifteen working- favororalargumentanddiscouragebriefs.However,the day time frame for filing the NOC. This may give slightly morenew rules result in a 180 degree change with written briefs leeway to late filings for employers, but what extraordinarybeing favored and oral arguments being more discretionary. circumstances are have yet to be determined.The deadlinesFurther,judgescurrentlyprovidetheiropinionsfromthe for filing, service, and procedural activities will also changebench, unless written briefs are filed, but they no longer must in some circumstances.Employers will want to be aware ofdo so. They must only provide their decision within 60 days those changes so as not to miss any deadlines.of the closing of the record. Inmanycases,settlementisreachedbeforetrial.All employers, especially those who are unrepresented, Currently, the Commission does not require that the partieswillwanttopayspecialattentiontothechangingofthe include any particular language in a settlement agreement.OSHRCProceduralRules.Anotherarticlemayfollow, This will change dramatically.Parties will soon have to notifyspecificallyhighlightingsomeofthenewrulesthat the Judge in a written joint submission titled Notification ofunrepresented parties may wish to pay special attention to Settlement, which must contain several statements (such asand perhaps consider seeking legal counsel for.the items settled and those contested and remaining to be decided, certification that the agreement has been posted, etc.).The period of voluntary settlement will be increased from 45 days to 75 days.Mandatory settlement mediation currently applies to employers facing $100,000 or greater in penalties and may not exceed 60 days.This will soon change to those facing $185,000 in penalties and procedures not to exceed 120 days.www.mrca.orgMidwest Roofer 11'