Role of Federal agencies

The complainant and the respondent are parties in every proceeding and must be served with copies of all documents in the case. This is specified in 1988.108(a)(1).

• Practical tip: Make sure your service list always includes both the complainant and the respondent so no filings are missed.

(See also the full provision at 1988.108.)

Yes — the Assistant Secretary may participate at any time as either a party or as amicus curiae (friend of the court). This right applies at any stage of the proceeding and is discretionary under 1988.108(a)(1).

• Practical implication: Monitor proceedings because OSHA (through the Assistant Secretary) can join or oppose actions, including settlements.

(See also 1988.108 for context.)

Yes — the Assistant Secretary may petition for review of an Administrative Law Judge (ALJ) decision, including decisions that approve or reject a settlement agreement between the complainant and the respondent. This is explicitly allowed by 1988.108(a)(1).

• Practical tip: Even if a settlement appears final, OSHA can still seek review, so document and preserve case records accordingly.

(See the broader rule at 1988.108.)

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 1988.108(a)(2).

• Practical checklist:
  • If OSHA has formally notified the parties it will participate, serve copies on OSHA and the Associate Solicitor.
  • If OSHA has requested copies, comply promptly and keep proof of service.
  • If other rule provisions require service on OSHA/Associate Solicitor, follow those rules.

(See 1988.108 for the full section.)

No — parties are not required to send filings to OSHA or the Associate Solicitor unless OSHA has requested them, OSHA is participating, or another rule requires service on those offices, as explained in 1988.108(a)(2).

• Practical consequence: Do not automatically send every filing to OSHA unless one of the stated conditions is met; doing so is not required and may be unnecessary.

(See the governing text at 1988.108.)

Yes — the NHTSA may participate as amicus curiae at any time in a proceeding, at NHTSA's discretion, as provided by 1988.108(b).

• Practical note: NHTSA participation is discretionary and typically takes the form of amicus briefs or similar submissions rather than full party status.

(See the full standard at 1988.108.)

If NHTSA requests copies of documents in a case, parties must send copies to NHTSA whether or not NHTSA is participating in the proceeding, as required by 1988.108(b).

• Action item: Treat any formal request from NHTSA as mandatory — serve the requested documents promptly and retain proof of service.

(Refer to 1988.108 for context.)

Serve each agency according to the separate rules: serve OSHA and the Associate Solicitor only when OSHA requests copies, is participating, or the rules otherwise require it, and serve NHTSA whenever NHTSA requests copies, whether or not it is participating, per 1988.108(a)(2) and 1988.108(b).

• Practical sequence:
  • Confirm any written requests from OSHA or NHTSA.
  • Serve copies promptly to the specific offices named in the request (OSHA/Associate Solicitor or NHTSA).
  • Keep records of service for the case file.

(See the governing text at 1988.108.)

Yes — the Assistant Secretary's participation right includes the ability to petition for review of an ALJ decision that approves or rejects a settlement agreement, as stated in 1988.108(a)(1).

• Practical implication: Parties should assume that settlement approvals are not immune from OSHA scrutiny and maintain clear records of settlement negotiations and approvals.

(See 1988.108 for the full provision.)

When OSHA requests service under 1988.108(a)(2), parties must send copies to OSHA and to the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. The rule names the Associate Solicitor specifically.

• Practical step: Address the service to both OSHA and the Associate Solicitor, Division of Fair Labor Standards, and follow any additional instructions in OSHA's request.

(See 1988.108 for context.)

If uncertain whether a particular rule requires service on OSHA or the Associate Solicitor, ask the ALJ or the Office handling the proceeding for clarification and preserve proof of any service you make; the general guidance is in 1988.108(a)(2).

• Practical steps:
  • Check local rules and any procedural guidance for the proceeding.
  • If still unclear, request a ruling from the ALJ or contact the office that issued the proceeding notice.
  • Keep written records of your inquiries and any service you perform.

(See 1988.108 for the governing language.)

No — NHTSA does not have to be a formal party; if NHTSA requests copies, parties must send them whether or not NHTSA is participating, as set out in 1988.108(b).

• Practical note: Treat any NHTSA request as mandatory for document production even if NHTSA is just acting as an interested third party.

(See 1988.108 for reference.)