Federal agency roles

The complainant and the respondent are required parties in every proceeding. Under 1980.108(a)(1), both must be served with copies of all documents filed in the case.

• Make sure your filings include proper service copies to both the complainant and respondent.
• Keep proof of service because the rule requires that both parties receive all documents in the record.

Yes — the Assistant Secretary may participate as a party or as amicus curiae at any time and at any stage of the proceeding. The rule in 1980.108(a)(1) gives the Assistant Secretary discretion to join the case either as a formal party or to offer views as amicus curiae.

• This participation can include petitioning for review of an ALJ decision, including decisions approving or rejecting settlements.

Yes — the Assistant Secretary can petition for review of an ALJ decision, including decisions approving or rejecting settlement agreements. The authority to participate and to file such petitions is explicitly stated in 1980.108(a)(1).

• If you are a party to a settlement, be aware OSHA (through the Assistant Secretary) may review the ALJ’s handling of that settlement.

Parties must send copies to OSHA and the Associate Solicitor only when OSHA requests them, when OSHA is participating in the proceeding, or when these rules otherwise require service. This limitation is set out in 1980.108(a)(2).

• Do not routinely send copies to OSHA unless one of those conditions applies; follow any specific service instructions in the rules or a request from OSHA.
• If OSHA not participating and has not requested service, maintain normal service to the opposing party and record proof of service.

Yes — the SEC may participate as amicus curiae at any time in the proceeding at the Commission’s discretion. That right is described in 1980.108(b).

• The SEC’s participation is voluntary and decided by the Commission, not by the parties.

Yes — at the SEC’s request, parties must send copies of all documents in a case to the Commission whether or not it is participating. This requirement is explicitly stated in 1980.108(b).

• Treat an SEC request for documents as mandatory service, and keep proof of having sent the materials.

It means the Assistant Secretary can submit briefs or arguments to the tribunal to offer the Department’s legal views without being a formal party. The rule in 1980.108(a) allows participation either as a party or as amicus curiae.

• Amicus participation lets OSHA influence legal issues or policy questions in the case while not taking on party responsibilities such as presenting witnesses.

If OSHA requests copies, parties must send them to OSHA and to the Associate Solicitor, Division of Fair Labor Standards. This procedure is specified in 1980.108(a)(2).

• Verify the current contact details for the Associate Solicitor to ensure you serve the documents correctly when requested.

Yes — both the complainant and the respondent must be served with copies of all documents in the case, and it is the parties’ responsibility to serve those documents as required by 1980.108(a)(1).

• Maintain and file certificates of service or other proof showing each document was provided to both parties.

The rule does not limit timing — the SEC may request copies of all documents and must receive them whether it is participating or not, as stated in 1980.108(b).

• Treat any SEC request as prompt and mandatory; keep records of the date and method of delivery.

A party should send copies to OSHA without waiting only when OSHA is participating in the proceeding or when these rules expressly require service, per 1980.108(a)(2).

• If unsure whether OSHA is participating, check the case docket or contact OSHA to confirm before sending routine copies.

Yes — the Assistant Secretary may participate at any time and at any stage of the proceeding, either as a party or as amicus curiae, under 1980.108(a).

• Parties should expect that OSHA might join or weigh in later; preserve records and be prepared to serve copies if OSHA becomes involved.

Parties are required to send the SEC copies of all documents only if the Commission requests them. However, if the SEC requests documents, parties must comply whether or not the SEC is participating, as stated in 1980.108(b).

• Do not automatically send full case files to the SEC unless you have a documented request from the Commission.

Yes — the rules may elsewhere specify situations that require service on OSHA or the Associate Solicitor, and in those cases parties must comply, as noted in 1980.108(a)(2).

• Review all applicable procedural rules for the specific proceeding to identify any additional service requirements that trigger sending copies to OSHA or the Associate Solicitor.