--- kind: "section" citation: "29 U.S.C. § 660" title: "29" title_heading: "Labor" number: "660" heading: "Judicial review" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/29/660" units: - "Chapter 15 — Occupational Safety and Health" --- # §660. Judicial review - (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](/usc/29/652.md?p=4) adversely affected or aggrieved by an order of the [Commission](/usc/29/652.md?p=2) issued under subsection (c) of [section 659 of this title](/usc/29/659.md) 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](/usc/29/652.md?p=5) 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](/usc/29/652.md?p=2) and to the other parties, and thereupon the [Commission](/usc/29/652.md?p=2) shall file in the court the record in the proceeding as provided in [section 2112 of title 28](/usc/28/2112.md). 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](/usc/29/652.md?p=2) 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](/usc/29/652.md?p=2). No objection that has not been urged before the [Commission](/usc/29/652.md?p=2) 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](/usc/29/652.md?p=2) 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](/usc/29/652.md?p=2), the court may order such additional evidence to be taken before the [Commission](/usc/29/652.md?p=2) and to be made a part of the record. The [Commission](/usc/29/652.md?p=2) 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](/usc/28/1254.md). - (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](/usc/29/652.md?p=1) may also obtain review or enforcement of any final order of the [Commission](/usc/29/652.md?p=2) 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](/usc/29/652.md?p=5) has its principal office, and the provisions of [subsection (a)](#a) shall govern such proceedings to the extent applicable. If no petition for review, as provided in [subsection (a)](#a), is filed within sixty days after service of the [Commission](/usc/29/652.md?p=2)’s order, the [Commission](/usc/29/652.md?p=2)’s findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the [Secretary](/usc/29/652.md?p=1) 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](/usc/29/652.md?p=1) which has become a final order of the [Commission](/usc/29/652.md?p=2) under subsection (a) or (b) of [section 659 of this title](/usc/29/659.md), 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](/usc/29/652.md?p=1) and the [employer](/usc/29/652.md?p=5) 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)](#a), the court of appeals may assess the penalties provided in [section 666 of this title](/usc/29/666.md), 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](/usc/29/652.md?p=4) shall discharge or in any manner discriminate against any [employee](/usc/29/652.md?p=6) because such [employee](/usc/29/652.md?p=6) 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](/usc/29/652.md?p=6) on behalf of himself or others of any right afforded by this chapter. - (2) Any [employee](/usc/29/652.md?p=6) who believes that he has been discharged or otherwise discriminated against by any [person](/usc/29/652.md?p=4) in violation of this subsection may, within thirty days after such violation occurs, file a complaint with the [Secretary](/usc/29/652.md?p=1) alleging such discrimination. Upon receipt of such complaint, the [Secretary](/usc/29/652.md?p=1) shall cause such investigation to be made as he deems appropriate. If upon such investigation, the [Secretary](/usc/29/652.md?p=1) 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](/usc/29/652.md?p=4). 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](/usc/29/652.md?p=6) to his former position with back pay. - (3) Within 90 days of the receipt of a complaint filed under this subsection the [Secretary](/usc/29/652.md?p=1) shall notify the complainant of his determination under paragraph (2) of this subsection. ## Source credit (Pub. L. 91–596, § 11, Dec. 29, 1970, 84 Stat. 1602; Pub. L. 98–620, title IV, § 402(32), Nov. 8, 1984, 98 Stat. 3360.) ## Notes ### Editorial Notes ### Amendments 1984—Subsec. (a). Pub. L. 98–620 struck out provision requiring expeditious hearing of petitions filed under this subsection. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1984 Amendment Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.