Party participation in proceedings

The designated State agency or agencies and the Department of Labor, OSHA, are the initial parties to the proceedings. See 1955.17(a).

• This means those entities automatically have party status without filing a petition.

Other interested persons can become parties by filing a petition with the administrative law judge within 30 days after the notice of the proceeding is published in the FEDERAL REGISTER. See 1955.17(b)(1) and 1955.17(a).

• The judge has discretion to grant party status if participation could substantially affect the petitioner or materially contribute to the proceedings.

A petition must concisely state the petitioner’s interest, how participation will contribute materially, who will appear for the petitioner, the issues from the notice on which the petitioner wishes to participate, and whether the petitioner intends to present witnesses. See 1955.17(b)(1) and the subparagraphs 1955.17(b)(1)(i), 1955.17(b)(1)(ii), 1955.17(b)(1)(iii), 1955.17(b)(1)(iv), and 1955.17(b)(1)(v).

• Practical tip: keep the petition concise but complete so the judge can evaluate qualification promptly.

The deadline is 30 days after the notice of the proceeding is published in the FEDERAL REGISTER. See 1955.17(b)(1).

• Missing this deadline risks denial because the regulation requires submission within that 30-day window.

Yes, the petition must be served upon the other parties when it is submitted. See 1955.17(b)(1).

• Serve the petition according to any service rules in the judge’s procedures to ensure timely notice to all parties.

The administrative law judge must, within 5 days, ascertain objections to the petition, decide whether the petitioner is qualified to be a party, and promptly give written notice permitting or denying participation. See 1955.17(b)(2).

• If the petition is denied, the written notice will briefly state the grounds for denial.

Yes, you may appeal the denial to the Secretary within 5 days of receiving the denial, and the Secretary will decide no later than 20 days after receiving the appeal. See 1955.17(b)(2).

• File your appeal promptly to meet the 5-day deadline; the Secretary’s decision timeline is set by the regulation.

Yes, the administrative law judge may require petitioners with common interests to designate a single representative or may recognize one or more to represent all of them. See 1955.17(b)(3).

• This helps streamline the proceedings and avoid repetitive filings.

It means the petitioner should show how their participation will provide useful evidence, expertise, arguments, or perspectives that materially assist the judge in resolving the issues. See 1955.17(b)(1)(ii) and 1955.17(a).

• Examples include offering unique technical data, representing a class substantially affected by the decision, or identifying legal issues not otherwise addressed by the initial parties.

The petition must state who will appear for the petitioner, such as an attorney or designated representative. See 1955.17(b)(1)(iii).

• Include contact information and credentials for the person who will represent the petitioner at hearings and filings.

A petitioner may seek to participate only on the issue or issues as set out in the notice published under 1955.10; the petition must identify which of those notice issues the petitioner wishes to address. See 1955.17(b)(1)(iv).

• Review the Federal Register notice carefully and list only the specific notice issues in your petition.

Yes, the petition must state whether the petitioner intends to present witnesses. See 1955.17(b)(1)(v).

• If you will present witnesses, indicate the general nature of their testimony to help the judge evaluate the petition.

The regulation does not prescribe a rigid form; it requires the petition to concisely state the listed elements and be served on other parties within 30 days of the Federal Register notice. See 1955.17(b)(1).

• Practical tips: include a heading identifying the proceeding, the five required elements, signature, date, and contact information for service.

The regulation requires the petition to state the issues on which the petitioner wishes to participate, and any change or addition is subject to the administrative law judge’s discretion. See 1955.17(b)(1) and 1955.17(a).

• To avoid disputes, list all relevant issues in the original petition or be prepared to explain good cause to the judge for later additions.

The judge may require petitioners with common interests to designate a single representative or may recognize one or more petitioners to represent all such petitioners. See 1955.17(b)(3).

• This helps prevent duplication and keeps the proceedings efficient.

No, filing a petition does not guarantee party status; the administrative law judge will decide whether to permit participation based on whether the petitioner is qualified and whether the final decision could substantially affect them or they may materially contribute. See 1955.17(a) and 1955.17(b)(2).

• Be prepared to explain and document your interest and contribution in the petition.

The petitioner will receive prompt written notice of the judge’s decision permitting or denying participation; if denied, the notice will briefly state the grounds for denial. See 1955.17(b)(2).

• Keep the decision notice for deadlines and any potential appeal to the Secretary.

The regulation requires petitions to be filed within 30 days, and allowance of late participation is a matter of the administrative law judge’s discretion; late petitions may be denied but can be appealed to the Secretary. See 1955.17(b)(1) and 1955.17(b)(2).

• If you missed the deadline, promptly explain the reason and the materiality of the new evidence in a petition or motion to the judge.

The issues are published in the Federal Register notice referenced in 1955.10, and petitioners must identify which of those issues they wish to participate in. See 1955.17(b)(1)(iv).

• Always review the Federal Register notice carefully to ensure your petition targets the correct issues.

Yes, the administrative law judge must ascertain objections and determine the petitioner’s qualification within 5 days of receipt of the petition. See 1955.17(b)(2).

• Expect prompt communication; if you do not receive notice, follow up with the judge’s office.