29 CFR § 2200.38 - Employee contests.

---
identifier: "/us/cfr/t29/s2200.38"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 2200.38 - Employee contests."
title_number: 29
title_name: "Labor"
section_number: "2200.38"
section_name: "Employee contests."
chapter_name: "OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION"
part_number: "2200"
part_name: "RULES OF PROCEDURE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "29 U.S.C. 661(g), unless otherwise noted."
regulatory_source: "84 FR 14558, Apr. 10, 2019, unless otherwise noted."
cfr_part: "2200"
---


# 2200.38 Employee contests.

(a) *Secretary's statement of reasons.* Where an affected employee or authorized employee representative files a notice of contest with respect to the abatement period, the Secretary shall, within 14 days from receipt of the notice of contest, file a clear and concise statement of the reasons the abatement period prescribed by the Secretary is not unreasonable.

(b) *Response to Secretary's statement.* Not later than 14 days after service of the Secretary's statement, referred to in paragraph (a) of this section, the contesting affected employee or authorized employee representative shall file a response. Service of the filed statement on the other parties and intervenors shall be accomplished in a manner prescribed in § 2200.7(c).

(c) *Expedited proceedings.* All contests under this section shall be handled as expedited proceedings as provided for in § 2200.103.