Service of documents

You may serve a document by hand (personal delivery) or by mailing a copy to the party's last known address. The rule is explicit that service "may be made by personal delivery of, or by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• Personal delivery means handing a copy directly to the person (or otherwise delivering it in person).
• Mailing means placing a copy in the postal system or commercial mail carrier to the party's last known address.

This is the complete list of methods authorized by 1905.21; if you need alternative service methods, consult other agency rules or request relief under Part 1905 procedures (Part 1905 overview).

Yes — mailing to the party's last known address is valid under the rule. Section 1905.21 says service may be made "by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• "Last known address" means the most recent address reasonably known to the person making service or on agency records.
• Because the rule relies on the server's knowledge, it's best practice to confirm and document the address before mailing and consider additional steps (personal delivery or confirmed mail) if the address may be out of date.

Yes — the person who serves the document must certify the manner and the date of service. Section 1905.21 states: "The person serving the document shall certify to the manner and the date of the service" (Manner of service, 1905.21).

• The certificate of service must at minimum state how the document was served (personal delivery or mailing) and the exact date it was served.
• Including the server's name, signature, and contact information in the certificate is a good practice to avoid disputes about whether service occurred.

The rule does not restrict who may serve documents — it simply requires that the person serving certify the manner and date of service. Section 1905.21 allows service "by personal delivery of, or by mailing, a copy of the document to the last known address of the party" and requires a certification by the person serving (Manner of service, 1905.21).

• That means any individual can serve a document, but the person who actually made the delivery or mailing must complete the certification.
• For formal filings (like variance applications under Part 1905), employers often use counsel, a designated official, or a documented mail method to create a clear record (Part 1905 overview).

The certificate of service must state the manner of service and the date of service. Section 1905.21 requires that "The person serving the document shall certify to the manner and the date of the service" (Manner of service, 1905.21).

• At minimum include: (1) the method used (personal delivery or mailing) and (2) the exact date served.
• For clarity and weight of proof, add the server's name, signature, title, and contact information; and, if mailed, the address used and mail method (e.g., first-class, certified, courier tracking number).

No — 1905.21 does not require certified or registered mail; it simply permits mailing as one of the two authorized methods. The rule states service "may be made by personal delivery of, or by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• Although not required, using certified mail or a courier with tracking is a strong practice because it creates independent evidence the document was mailed and when it was sent.
• Always include the date and method in the required certificate of service to document the event.

No — 1905.21 authorizes only personal delivery or mailing; it does not authorize electronic service such as e-mail or fax. The text says service "may be made by personal delivery of, or by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• If you want to use electronic methods, check other OSHA filing rules or the relevant hearing procedures to see if electronic service is allowed in that specific context.
• For formal variance applications and related submissions governed by Part 1905, follow the filing and service procedures specified in those rules or contact OSHA for guidance (Part 1905 overview).

1905.21 does not explicitly address service on agents or attorneys; it authorizes personal delivery or mailing to the party's last known address. The text states service "may be made by personal delivery of, or by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• Practically, serving a party's attorney or an authorized representative at the attorney's or representative's business address is commonly accepted, but you should confirm the agency's local hearing rules or any orders covering representation.
• When in doubt, mail a copy to the party's last known address and personally deliver a copy to counsel; certify both in your certificate of service to avoid disputes.

The rule requires the person serving to certify the date of service; therefore the date of service is the date the server certifies as the date they served the document (for mailing, typically the mailing date). Section 1905.21 says the server "shall certify to the manner and the date of the service" (Manner of service, 1905.21).

• Common practice is to use the mailing date (the date you placed the document in the mail or gave it to a carrier) as the date of service.
• If relying on receipt dates (for example, certified mail return receipts), document those facts in the certificate of service as supplemental proof.

If you cannot identify a last known address, 1905.21 still requires service by personal delivery or mailing to the last known address — the rule itself does not provide an alternate method when an address is unknown (Manner of service, 1905.21).

• Practical steps: (1) make a diligent effort to locate the party's address (agency records, counsel, employer records), (2) document your search efforts, and (3) consult the applicable hearing procedures or OSHA contacts for alternative service options.
• For filings tied to variances or other Part 1905 matters, follow Part 1905 instructions or contact OSHA to request guidance on appropriate service (Part 1905 overview).

Yes — failing to provide the required certification of the manner and date of service can leave the filing without the proof of service 1905.21 requires, and that can affect whether the agency treats the document as properly served. Section 1905.21 requires that "The person serving the document shall certify to the manner and the date of the service" (Manner of service, 1905.21).

• A missing or defective certificate of service can be grounds for the agency or a trier of fact to question whether service occurred; you should promptly correct or supplement the record with a proper certificate.
• For important filings such as variance applications, follow Part 1905 procedures carefully; the agency expects complete documentation for service and filing (see example guidance on variance procedures in OSHA LOIs referencing Part 1905).

Yes — using an overnight courier or commercial mail carrier is an acceptable form of mailing under 1905.21 because the rule permits service "by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• Using a carrier with tracking or proof of delivery is a good practice because it provides independent evidence of mailing and the shipment date.
• As always, document the method, tracking number, and date in your certificate of service.

Yes — mailing is an authorized method of service under 1905.21, so mailing variance application documents to OSHA is permitted. Section 1905.21 allows service "by mailing, a copy of the document to the last known address of the party" and Part 1905 contains the procedures for variance applications (Manner of service, 1905.21; Part 1905 overview).

• Several OSHA interpretive letters discussing variances reference the Part 1905 application process for variances and emphasize thorough documentation (for example, see OSHA's interpretation about variances and clearance requirements in the April 6, 2001 LOI).
• Even when mailing, include a clear certificate of service showing the mail date and method and consider using tracked or certified delivery for the administrative record.

The text of 1905.21 does not limit mailing to domestic addresses — it authorizes mailing to the party's last known address, which may be outside the United States. The rule simply provides that service may be made "by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• If serving an international address, choose a reliable carrier that provides date stamping or tracking and document the date and method in the certificate of service.
• Be mindful of any additional procedural or jurisdictional rules that might apply to international service in the particular hearing or variance process.

1905.21 authorizes "personal delivery," but it does not specify all situations where leaving documents at a residence or place of business counts as personal delivery. The rule says service may be made "by personal delivery of, or by mailing, a copy of the document to the last known address of the party" (Manner of service, 1905.21).

• Best practice: if a person is not present, seal and mail the document to the last known address (mail is explicitly authorized), or arrange delivery to a known authorized representative and document who received it.
• If you leave documents at a door or with someone else, record the circumstances in your certificate of service (who received it, their relationship, date and time) to preserve proof that an attempt at personal delivery was made.

Yes — you may both mail and personally deliver a document; 1905.21 permits either method and does not prohibit using both. The rule requires the person serving to certify the manner and date of service, so you should document each method used (Manner of service, 1905.21).

• In your certificate of service, list each method used, the date for each method (mailing date and any personal delivery date), the address used, and who received the personal delivery (if applicable).
• Using both methods increases the likelihood the party receives the document and strengthens the record if service is disputed.

If mailed service is returned undeliverable, 1905.21 still requires service by personal delivery or mailing to the last known address, but it does not set out a remedial procedure — you should document the returned mail and take additional steps to locate the party and effect service. The rule requires the server to "certify to the manner and the date of the service" (Manner of service, 1905.21).

• Practical steps: (1) keep the returned mail as evidence, (2) make a documented effort to locate a new address (contact counsel, employer records, or agency files), (3) attempt personal delivery if you can locate the individual, and (4) supplement or correct your certificate of service to reflect these steps.
• For formal proceedings (e.g., variance applications), notify OSHA or the hearing officer and follow any directed procedures to re-serve or obtain permission for alternative service (Part 1905 overview).

While 1905.21 itself requires certification of manner and date, it does not prescribe retention periods; nevertheless, you should keep strong proof of service because the certificate is required and may be challenged. Section 1905.21 states the server "shall certify to the manner and the date of the service" (Manner of service, 1905.21).

• Strong evidence includes: a signed certificate of service, a signed personal-delivery receipt, certified-mail return receipts (USPS PS Form 3811), courier tracking and delivery confirmations, and copies of returned mail with postal markings.
• Keep these records with your case file and attach or reference them in the certificate of service to create an administrative record showing compliance.

If there's a dispute over service in a variance or Part 1905 matter, follow the Part 1905 procedures and consult the agency for instructions; OSHA has discussed variance application procedures in multiple interpretive letters and directs parties to 29 CFR Part 1905 for variance applications (Part 1905 overview).

• OSHA interpretive letters addressing variances explain that applications and service must follow the Part 1905 rules (for example, see OSHA's guidance in the April 6, 2001 LOI discussing variances and clearance requirements and the March 24, 1999 LOI on variances for crane loads).
• If service is disputed, provide your certificate of service and any supporting delivery evidence, and contact the OSHA office handling the proceeding for resolution or instructions on re-service.

Yes — because 1905.21 requires the person serving the document to certify the manner and date of service, that person's certification and any supporting proof can be relied on and the server may be called to verify details if service is contested. The rule requires the server to "certify to the manner and the date of the service" (Manner of service, 1905.21).

• If service is contested, your certificate of service and any independent carrier records are primary evidence; the server can confirm facts such as where, when, and how service occurred.
• Keep full records (certificates, tracking numbers, receipts) to avoid needing live testimony whenever possible.

Yes — when filing variance materials it's good practice to cite and comply with the service rules of 1905.21 and include a certificate certifying manner and date of service. Section 1905.21 requires certification of manner and date of service and Part 1905 contains the procedures for variance filings (Manner of service, 1905.21; Part 1905 overview).

• OSHA interpretive letters on variances emphasize following Part 1905 procedures and maintaining complete documentation for applications (see, for example, the March 24, 1999 LOI discussing variance applications).
• Include a clear certificate of service with each submission, and use traceable mail or delivery methods to create an unambiguous administrative record.