Parties and participation rules

The complainant and the respondent are parties in every proceeding and must be served with copies of all documents in the case. This is required by 1989.108(a).

• Serve both parties with every filing, including complaints, motions, exhibits, and decisions.
• Treat service as continuous for the case—new filings continue to require service on both parties.

Cited: 1989.108(a).

Yes; the Assistant Secretary may participate as a party or as amicus curiae at any time and at any stage of the proceeding, and this participation includes the right to petition for review and to seek discretionary review of ARB decisions. This authority is stated in 1989.108(a)(1).

• The Assistant Secretary can intervene as a full party or as an amicus to present views to the adjudicator.
• Participation covers actions such as petitioning for review of an ALJ decision or seeking discretionary review of an ARB decision, including cases involving settlement approval or rejection.

Cited: 1989.108(a)(1).

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 on OSHA and the Associate Solicitor. This requirement is explained in 1989.108(a)(2).

• If OSHA is not participating and has not requested copies, ordinary service between complainant and respondent is sufficient unless other rules require additional service.
• When OSHA participates or requests copies, serve documents to OSHA and the Associate Solicitor in addition to serving the parties.

Cited: 1989.108(a)(2).

Yes; OSHA and the Associate Solicitor may specify the means, including electronic means, for serving them with documents under this section. See 1989.108(a)(2).

• If OSHA provides instructions (for example, an email address or e-filing portal), follow those instructions for service.
• Check for any additional service rules from the OALJ or ARB that might supersede or modify the method of service.

Cited: 1989.108(a)(2).

Yes; the IRS may participate as amicus curiae at its discretion, and if the IRS requests copies of documents, parties must send copies whether or not the IRS is participating. This rule is stated in 1989.108(b).

• The IRS’s request for copies creates an independent duty to serve the IRS on all documents in the case.
• Keep records of service to the IRS as you would for other served parties.

Cited: 1989.108(b).

No; parties do not have to send every filing to OSHA unless OSHA requests copies, OSHA is participating, or another rule requires service on OSHA and the Associate Solicitor. This is clarified in 1989.108(a)(2).

• Verify if any OALJ or ARB procedural rule imposes additional service obligations before omitting service to OSHA.
• If unsure, ask OSHA or the Associate Solicitor whether they want copies to avoid a missed requirement.

Cited: 1989.108(a)(2).

Yes; the Assistant Secretary has the right to petition for review of an ALJ decision, including decisions approving or rejecting settlement agreements between the complainant and respondent. This is provided in 1989.108(a) and detailed in 1989.108(a)(1).

• If the Assistant Secretary intervenes, they may seek review of ALJ actions on settlements or other decisions.
• Parties should be aware that settlement approvals are not necessarily final until review periods elapse or reviews are resolved.

Cited: 1989.108(a) and 1989.108(a)(1).

No; the Associate Solicitor must be sent copies when OSHA requests them, when OSHA is participating, or when service on OSHA and the Associate Solicitor is otherwise required by these rules, but the Associate Solicitor does not require service automatically unless one of those conditions is met. See 1989.108(a)(2).

• If OSHA explicitly requests service, then send copies to the Associate Solicitor as directed.
• Confirm any specific service instructions from the Associate Solicitor if OSHA requests participation.

Cited: 1989.108(a)(2).

If the IRS requests copies, parties must send copies of all documents in the case to the IRS even if the IRS is not participating. This obligation is stated in 1989.108(b).

• Treat any IRS request as mandatory service—do not wait for IRS participation.
• Keep proof of service to the IRS just as you would for service to parties or OSHA.

Cited: 1989.108(b).

Yes; OSHA and the Associate Solicitor may specify electronic means for serving them, so parties may use email or other electronic service methods if OSHA or the Associate Solicitor authorizes them. See 1989.108(a)(2).

• Before using electronic service, confirm the exact electronic address or portal and any formatting/information requirements.
• Retain confirmation of electronic delivery (e.g., sent receipts) as proof of service.

Cited: 1989.108(a)(2).

No; the rule states the complainant and respondent will be parties in every proceeding and must be served with copies of all documents in the case, with no general exception in 1989.108 itself. See 1989.108(a).

• Other procedural rules before the OALJ or ARB might create specific exceptions, so check those rules if you believe an exception applies.
• Always ensure both parties receive full case documents unless a specific procedural rule provides otherwise.

Cited: 1989.108(a).

When the Assistant Secretary chooses to participate, parties must serve the Assistant Secretary (through OSHA) with copies of documents, because OSHA’s participation triggers service obligations under the rule. This relationship is described in 1989.108(a) and 1989.108(a)(2).

• If the Assistant Secretary files a notice of participation, update your service list and start serving OSHA and the Associate Solicitor per their instructions.
• Failure to serve OSHA after it intervenes or requests service could result in procedural problems or delays.

Cited: 1989.108(a) and 1989.108(a)(2).

Yes; parties must follow any applicable OALJ or ARB rules of practice and procedure, which may modify service requirements even if OSHA allows electronic service; this is acknowledged in 1989.108(a)(2).

• Check OALJ and ARB procedural rules for deadlines, formatting, or special filing portals that affect electronic service.
• When in doubt, comply with both OSHA’s requested means and the tribunal’s procedural rules.

Cited: 1989.108(a)(2).

No; 1989.108(b) states the IRS may participate as amicus curiae at any time at the IRS’s discretion and does not require prior notice to parties, but if the IRS requests copies, parties must send them. See 1989.108(b).

• Because the IRS can request copies at any time, maintain a practice of promptly complying with any IRS requests.
• If the IRS later intervenes, having sent previous documents will ensure it has the full record.

Cited: 1989.108(b).

The Assistant Secretary decides at their discretion whether to participate as a party or as amicus curiae, as provided in 1989.108(a)(1).

• The Assistant Secretary’s choice affects the scope of participation (party status vs. amicus briefs).
• Parties should monitor filings to see if and how the Assistant Secretary has entered the case to know how to serve documents.

Cited: 1989.108(a)(1).