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OSHA 1955.15

Service and filing procedures

Subpart B

11 Questions & Answers

Questions & Answers

Under 1955.15(a), how may I serve a document on another party in a withdrawal-of-approval proceeding?

You must serve the document either by personal delivery or by mailing a copy by certified mail to the party's last known address. See 1955.15(a).

  • The regulation allows only those two methods for service. If you use certified mail, keep the mailing receipt and tracking information as practical proof of service.

Under 1955.15(a), what information must the person who serves a document include?

The person serving the document must certify the manner and date of service. See 1955.15(a).

  • In practice, this means signing a short certificate of service on the document (for example: "I hereby certify that on [date] I served this document by [personal delivery/certified mail] to [name/address]").

Under 1955.15(b), what must I file with the administrative law judge when I submit a document?

You must file the original and two copies of each document with the administrative law judge. See 1955.15(b).

  • This is in addition to serving a copy on the other parties; do not omit service when you file.

Under 1955.15(b), what are the filing requirements for exhibits and transcripts?

Only originals or certified copies of exhibits and transcripts need to be filed with the administrative law judge. See 1955.15(b).

  • For hearings, file the original exhibit or a certified copy and keep additional copies for parties and the record as needed.

Under 1955.15(a), whose address should I use when serving a party or their representative?

You should use the party's or their representative's last known address when serving documents. See 1955.15(a).

  • If an address has changed, update the record promptly and notify opposing parties so future service goes to the correct address.

Under 1955.15, do I still have to serve other parties when I file documents with the administrative law judge?

Yes — you must both serve a copy on the parties and file the original and two copies with the administrative law judge. See 1955.15(b).

  • Serving parties and filing with the judge are separate obligations under the rule.

Under 1955.15(a), is certified mail important if the recipient claims they never received the document?

Yes — certified mail provides official evidence of mailing and delivery that supports the server's certification of manner and date of service. See 1955.15(a).

  • Keep certified-mail receipts and tracking records to prove when and how you served the document.

Under 1955.15(b), do I need to file more than one copy of an exhibit if it is already an original?

No — for exhibits and transcripts, you need only file the original or a certified copy with the administrative law judge. See 1955.15(b).

  • However, keep extra copies for your files and to provide to other parties when required by the judge or local rules.

Under 1955.15, how should the certificate of service be presented when filing documents?

The person who served the document should attach or include a signed certification stating the manner and date of service when filing. See 1955.15(a) and 1955.15(b).

  • A common form is a short paragraph at the end of the document that says who was served, the address used, the method (personal delivery or certified mail), and the date, followed by the server's signature.

Under 1955.15(a), can someone other than the party or their attorney serve documents?

Yes — any person may serve a document so long as they certify the manner and date of service as required. See 1955.15(a).

  • The key obligation is the factual certification of how and when service was made; choose someone reliable to preserve proof (for example, a clerk or staff member).

Under 1955.15, what practical steps help ensure my filing and service meet the rules?

Follow these steps: (1) serve each party by personal delivery or certified mail to their last known address; (2) attach a signed certificate stating the method and date of service; and (3) file the original and two copies of all documents with the administrative law judge, filing originals or certified copies of exhibits and transcripts. See 1955.15(a) and 1955.15(b).

  • Keep receipts, tracking numbers, and copies of certificates to prove compliance if questions arise.