As used in this part:
- (a) Act means the Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678.
- (b) Commission, person, employer, and employee have the meanings set forth in section 3 of the Act, 29 U.S.C. 652.
- (c) Secretary means the Secretary of Labor or the Secretary's duly authorized representative.
- (d) Executive Secretary means the Executive Secretary of the Commission.
- (e) Affected employee means an employee of a cited employer who is exposed to or has access to the hazard arising out of the allegedly violative circumstances, conditions, practices, or operations.
- (f) Judge means an Administrative Law Judge appointed pursuant to section 12(e) of the Act, 29 U.S.C. 661(e), as amended by Public Law 95-251, 92 Stat. 183, 184 (1978).
- (g) Authorized employee representative means a labor organization that has a collective bargaining relationship with the cited employer and that represents affected employees who are members of the collective bargaining unit.
- (h) Representative means any person, including an authorized employee representative, authorized by a party or intervenor to represent it in a proceeding.
- (i) Citation means a written communication issued by the Secretary to an employer pursuant to section 9(a) of the Act, 29 U.S.C. 658(a).
- (j) Notification of proposed penalty means a written communication issued by the Secretary to an employer pursuant to section 10(a) or (b) of the Act, 29 U.S.C. 659(a) or (b).
- (k) Day means a calendar day.
- (l) Working day means all days except Saturdays, Sundays, or Federal holidays.
- (m) Proceeding means any proceeding before the Commission or before a Judge.
- (n) Pleadings are complaints and answers filed under § 2200.34, statements of reasons and employers' responses filed under § 2200.38, and petitions for modification of abatement and objecting parties' responses filed under § 2200.37. A motion is not a pleading within the meaning of these rules.
[84 FR 14558, Apr. 10, 2019; 84 FR 45654, Aug. 30, 2019]