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29 U.S.C. § 660 — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of petition by persons adversely affected or aggrieved; orders subject to review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; appropriate relief; finality of judgment** Any person adversely affected or aggrieved by an order of the Commission issued under subsection (c) of [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section659&num=0&edition=prelim) may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or where the employer has its principal office, or in the Court of Appeals for the District of Columbia Circuit, by filing in such court within sixty days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in the proceeding as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon such filing, the court shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside in whole or in part, the order of the Commission and enforcing the same to the extent that such order is affirmed or modified. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a sta
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Source location: Title 29, Chapter 15, § 660; chapter-015-occupational-safety-and-health.md
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**(a) Filing of petition by persons adversely affected or aggrieved; orders subject to review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; appropriate relief; finality of judgment** Any person adversely affected or aggrieved by an order of the Commission issued under subsection (c) of [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section659&num=0&edition=prelim) may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or where the employer has its principal office, or in the Court of Appeals for the District of Columbia Circuit, by filing in such court within sixty days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in the proceeding as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon such filing, the court shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside in whole or in part, the order of the Commission and enforcing the same to the extent that such order is affirmed or modified. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Commission. No objection that has not been urged before the Commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Commission, the court may order such additional evidence to be taken before the Commission and to be made a part of the record. The Commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States, as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
**(b) Filing of petition by Secretary; orders subject to review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; enforcement of orders; contempt proceedings** The Secretary may also obtain review or enforcement of any final order of the Commission by filing a petition for such relief in the United States court of appeals for the circuit in which the alleged violation occurred or in which the employer has its principal office, and the provisions of subsection (a) shall govern such proceedings to the extent applicable. If no petition for review, as provided in subsection (a), is filed within sixty days after service of the Commission’s order, the Commission’s findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Secretary after the expiration of such sixty-day period. In any such case, as well as in the case of a noncontested citation or notification by the Secretary which has become a final order of the Commission under subsection (a) or (b) of [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section659&num=0&edition=prelim), the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretary and the employer named in the petition. In any contempt proceeding brought to enforce a decree of a court of appeals entered pursuant to this subsection or subsection (a), the court of appeals may assess the penalties provided in [section 666 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section666&num=0&edition=prelim), in addition to invoking any other available remedies.
**(c) Discharge or discrimination against employee for exercise of rights under this chapter; prohibition; procedure for relief**
(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.
(2) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may, within thirty days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this subsection have been violated, he shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown to restrain violations of paragraph (1) of this subsection and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay.
(3) Within 90 days of the receipt of a complaint filed under this subsection the Secretary shall notify the complainant of his determination under paragraph (2) of this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit.
**(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Willful or repeated violation** Any employer who willfully or repeatedly violates the requirements of [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim), any standard, rule, or order promulgated pursuant to [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), or regulations prescribed pursuant to this chapter may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation.
**(b) Citation for serious violation** Any employer who has received a citation for a serious violation of the requirements of [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim), of any standard, rule, or order promulgated pursuant to [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), or of any regulations prescribed pursuant to this chapter, shall be assessed a civil penalty of up to $7,000 for each such violation.
**(c) Citation for violation determined not serious** Any employer who has received a citation for a violation of the requirements of [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim), of any standard, rule, or order promulgated pursuant to [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), or of regulations prescribed pursuant to this chapter, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification of employer of proposed assessment of penalty subsequent to issuance of citation; time for notification of Secretary by employer of contest by employer of citation or proposed assessment; citation and proposed assessment as final order upon failure of employer to notify of contest and failure of employees to file notice** If, after an inspection or investigation, the Secretary issues a citation under [section 658(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section658/a&num=0&edition=prelim), he shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under [section 666 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section666&num=0&edition=prelim) and that the employer has fifteen working days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. If, within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under subsection (c) within such time, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.
**(b) Notification of employer of failure to correct in allotted time period violation for which citation was issued and proposed assessment of penalty for failure to correct; time for notification of Secretary by employer of contest by employer of notification of failure to correct or proposed assessment;
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Federal law — U.S. Code and appendices · legal_authorities
Page 175
TITLE 29—LABOR
§ 660
scribe with particularity the nature of the viola-
tion, including a reference to the provision of
the chapter, standard, rule, regulation, or order
alleged to have been violated. In addition, the
citation shall fix a reasonable time for the
abatement of the violation. The Secretary may
prescribe procedures for the issuance of a notice
in lieu of a citation with respect to de minimis
violations which have no direct or immediate re-
lationship to safety or health.
(b) Posting
Each citation issued under this section, or a
copy or copies thereof, shall be prominently
posted, as prescribed in regulations issued by
the Secretary, at or near each place a violation
referred to in the citation occurred.
(c) Time for issuance
No citation may be issued under this section
after the expiration of six months following the
occurrence of any violation.
(Pub. L. 91–596, § 9, Dec. 29, 1970, 84 Stat. 1601.)
§ 659. Enforcement procedures
(a) Notification of employer of proposed assess-
ment of penalty subsequent to issuance of ci-
tation; time for notification of Secretary by
employer of contest by employer of citation
or proposed assessment; citation and pro-
posed assessment as final order upon failure
of employer to notify of contest and failure of
employees to file notice
If, after an inspection or investigation, the
Secretary issues a citation under section 658(a)
of this title, he shall, within a reasonable time
after the termination of such inspection or in-
vestigation, notify the employer by certified
mail of the penalty, if any, proposed to be as-
sessed under section 666 of this title and that the
employer has fifteen working days within which
to notify the Secretary that he wishes to con-
test the citation or propose
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