Federal agency roles

The complainant and the respondent are parties in every proceeding.

Both must be served with copies of all documents filed in the case, as required by 1985.108(a)(1).

• Practical tip: Keep a clear service log showing each document delivered to the complainant and respondent to demonstrate compliance.

Yes; the Assistant Secretary may participate as a party or as amicus curiae at any time and at any stage of the proceeding.

This discretionary right is explicitly stated in 1985.108(a)(1) and includes participation such as filing briefs, appearing at hearings, or seeking review of decisions.

Yes; the Assistant Secretary's participation includes the right to petition for review of an ALJ decision, including decisions that approve or reject settlement agreements.

This right is part of the Assistant Secretary's discretionary participation authority under 1985.108(a)(1).

• Practical effect: Even if the parties settle, OSHA may still seek review of an ALJ ruling affecting the case if the Assistant Secretary chooses to intervene.

Parties must send copies to OSHA and 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 the rules.

This requirement is stated in 1985.108(a)(2).

• Practical tip: If you receive a formal request from OSHA, treat it as mandatory and preserve proof of delivery.

Yes; the Bureau may participate as amicus curiae at any time in a proceeding if it is interested.

This discretionary participation is set out in 1985.108(b).

• Note: ‘‘Amicus curiae’’ means the Bureau can file briefs or offer information to the decisionmaker without being a party.

Yes; if the Bureau requests copies, parties must send copies of all documents in the case whether or not the Bureau is participating.

This obligation is explicitly stated in 1985.108(b).

• Practical tip: Keep a complete set of filings ready for quick transmission when the Bureau requests them.

No; 1985.108 requires service of documents but does not specify the method of service.

The provision notes that the complainant and respondent must be served with copies and outlines when to serve OSHA, the Associate Solicitor, or the Bureau, as in 1985.108(a)(1), 1985.108(a)(2), and 1985.108(b).

• Practical recommendation: Follow the procedural rules elsewhere in Part 1985 or local court/agency rules for acceptable service methods and keep proof of service.

If OSHA is participating, parties must send copies of documents to OSHA and to the Associate Solicitor.

This requirement follows from 1985.108(a)(2), which requires service when OSHA is participating or when OSHA requests service.

No; the Bureau does not automatically receive documents unless it requests them.

Under 1985.108(b), copies must be sent to the Bureau only at the Bureau's request, although the Bureau may request copies whether or not it intends to participate.

The Assistant Secretary decides whether OSHA will participate and may choose to do so as a party or as amicus curiae.

This discretionary authority is described in 1985.108(a)(1).

• Practical note: Ask OSHA early whether it intends to participate so you know whether to serve documents on OSHA and the Associate Solicitor.

Yes; if OSHA requests copies, parties must provide copies of documents, including those previously filed in the case.

This is required by 1985.108(a)(2).

• Practical tip: Maintain an organized file of all submissions so you can promptly comply with an OSHA request.

Section 1985 and its subsections, including 1985.108, are located in Part 1985 of the regulations.

You can review the Part summary at 1985 and read the specific role-of-federal-agencies provision at 1985.108.