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29 U.S.C. 661(g), unless otherwise noted.
84 FR 14558, Apr. 10, 2019, unless otherwise noted.
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(a) Affected employees.
(1) Affected employees and authorized employee representatives may elect party status concerning any matter in which the Act confers a right to participate. The election shall be accomplished by filing a written notice of election at least 14 days before the hearing. A notice of election filed less than 14 days prior to the hearing is ineffective unless good cause is shown for not timely filing the notice.
(2) A notice of election shall be served on all other parties in accordance with § 2200.7.
(b) Employees no longer employed by cited employer. An employee of a cited employer who was exposed to or had access to the hazard arising out of the allegedly violative circumstances, conditions, practices, or operations and who is no longer employed by the cited employer is permitted to participate as a party.
(c) Employee contest.
(1) Where a notice of contest is filed by an employee or by an authorized employee representative with respect to the reasonableness of the period for abatement of a violation, the employer charged with the responsibility of abating the violation may elect party status by a notice filed at least 14 days before the hearing.
(2) A notice of election shall be served on all other parties in accordance with § 2200.7.