Parties and participation rules

Under 1984.108(a)(1), the complainant and the respondent are parties in every proceeding and must be served with copies of all documents in the case.

• Serve every filing and document to both parties promptly so neither side is left out of the record.
• Keep proof of service (dates and method) in case you need to show compliance.

See 1984.108(a)(1).

Under 1984.108(a), the Assistant Secretary may participate at any time and at any stage of the proceeding either as a party or as amicus curiae at the Assistant Secretary's discretion.

• This participation can occur before an ALJ or on review, and includes review of settlements.
• Plan for the possibility that OSHA may later join or file briefs if important enforcement or policy issues are involved.

See 1984.108(a).

Under 1984.108(a)(1), the Assistant Secretary has the right to petition for review of an ALJ decision, including a decision approving or rejecting a settlement agreement between the complainant and the respondent.

• Even after parties settle, OSHA retains the ability to seek review of the ALJ's action on that settlement.

See 1984.108(a)(1).

Under 1984.108(a)(2), parties must send copies of documents to OSHA and to the Associate Solicitor only when OSHA requests them, when OSHA is participating in the proceeding, or when service on OSHA and the Associate Solicitor is otherwise required by these rules.

• If none of those conditions exist, you do not have to serve OSHA or the Associate Solicitor by default.
• If OSHA asks for copies, provide them promptly and keep records of the request and delivery.

See 1984.108(a)(2).

Under 1984.108(a)(2), parties are not required to send copies of documents to OSHA or the Associate Solicitor unless OSHA has requested them, OSHA is participating in the proceeding, or another rule requires service on OSHA.

• You should confirm in writing whether OSHA wants copies to avoid unnecessary service.
• Keep records showing you checked OSHA's participation status and any requests.

See 1984.108(a)(2).

Under 1984.108(b), the IRS, HHS, and EBSA may participate as amicus curiae at any time in the proceeding if those agencies choose to do so.

• Their participation is at each agency's discretion and is limited to amicus curiae status unless otherwise authorized.

See 1984.108(b).

Under 1984.108(b), if an interested federal agency requests copies of documents, parties must send copies of all documents in the case to that agency whether or not the agency participates in the proceeding.

• Treat any formal request from IRS, HHS, or EBSA as mandatory for document service.
• Keep proof of service to the requesting agency to demonstrate compliance.

See 1984.108(b).

Under 1984.108(a)(1), every document filed in a case must be served on the complainant and the respondent (the parties) so both have copies of all case documents.

• Additionally, send copies to OSHA and the Associate Solicitor only as required by 1984.108(a)(2).
• If a federal agency like IRS, HHS, or EBSA requests copies, follow 1984.108(b).

See 1984.108(a)(1).

Under 1984.108(a)(2), when OSHA is participating in the proceeding, parties must send copies of documents to OSHA and to the Associate Solicitor, Division of Fair Labor Standards.

• Once OSHA indicates it is participating, include the Associate Solicitor on your service list for all filings.
• Maintain records of that service to show compliance with the rule.

See 1984.108(a)(2).

Under 1984.108(a)(1), the Assistant Secretary can participate at any time and may petition for review of an ALJ decision approving or rejecting a settlement agreement, so OSHA can become involved even after a settlement is reached.

• Expect that a settlement approval by an ALJ may still be reviewed by OSHA if it chooses to do so.

See 1984.108(a)(1).

Under 1984.108(b), each interested federal agency (IRS, HHS, EBSA) independently decides at its discretion whether to participate as amicus curiae in a proceeding.

• You cannot compel those agencies to participate; they act based on their own interests and policies.

See 1984.108(b).

Under 1984.108 and its subsections, parties should always serve the complainant and respondent with all case documents, verify whether OSHA or another federal agency wants copies, and promptly serve OSHA and the Associate Solicitor only when requested or when OSHA is participating.

Practical checklist:

• Serve every filing on both parties and keep proof of service (see 1984.108(a)(1)).
• Check whether OSHA is participating or has requested copies; if so, serve OSHA and the Associate Solicitor (see 1984.108(a)(2)).
• If IRS, HHS, or EBSA requests copies, send all documents to that agency regardless of its participation status (see 1984.108(b)).
• Retain written records of requests and service to demonstrate compliance if questioned.

See 1984.108.