Parties and document service

The complainant and the respondent are parties in every proceeding and must be served with copies of all documents filed in the case. See 1991.108(a)(1).

• This means every filing, motion, exhibit, and other document must be provided to both the complainant and the respondent.
• Keep clear proof of service to show both parties received the materials in case of later dispute.

Yes. The Assistant Secretary may participate at any stage as a party or as amicus curiae and has rights that include petitioning for review of an ALJ decision and seeking discretionary review of ARB decisions. See 1991.108(a)(1).

• This participation can occur at the Assistant Secretary’s discretion and is not limited to initial filings.
• It explicitly includes the right to petition review of Administrative Law Judge (ALJ) decisions and to seek discretionary review of Administrative Review Board (ARB) decisions.

Parties must send copies to OSHA and the Associate Solicitor only when OSHA requests them, when OSHA is participating in the proceeding, or when another rule requires service on them. See 1991.108(a)(2).

• If none of those conditions are met, you do not have to serve OSHA or the Associate Solicitor with routine filings.
• Confirm whether OSHA is participating or has requested service before sending copies to avoid unnecessary service.

Yes. OSHA and the Associate Solicitor may specify the means for service, including electronic means, when they require copies under these rules. See 1991.108(a)(2).

• Confirm any preferred electronic format, address, or portal the agency specifies.
• Follow any time and format instructions they provide to ensure service is effective.

No. The Assistant Secretary is not automatically entitled to service of every document unless OSHA requests service or participates in the proceeding. See 1991.108(a)(1) and 1991.108(a)(2).

• Only the complainant and respondent are required parties who must receive all documents.
• If OSHA chooses to participate or requests copies, then service to OSHA and the Associate Solicitor becomes required.

Yes. At the DOJ’s request, copies of all documents must be sent to the DOJ whether or not it is participating in the proceeding. See 1991.108(b).

• If the DOJ asks for copies, you must comply with that request for the entire case file.
• Keep records showing when and how you sent documents to the DOJ to document compliance.

Yes. The DOJ may participate as amicus curiae at its discretion at any time during the proceeding. See 1991.108(b).

• ‘‘At its discretion’’ means the DOJ decides if and when to join as an amicus.
• If the DOJ participates, it may request copies and may file briefs or arguments consistent with amicus status.

Yes. The Assistant Secretary’s right to petition for review includes ALJ decisions that approve or reject settlement agreements between complainant and respondent. See 1991.108(a)(1).

• If you settle a case, be aware the Assistant Secretary can challenge the ALJ’s handling of that settlement.
• Maintain thorough records and ensure any settlement complies with applicable rules and policies.

OSHA and the Associate Solicitor themselves may specify the means, including electronic methods, for serving them when service is required. See 1991.108(a)(2).

• Check any written instructions or contact information provided by OSHA or the Associate Solicitor before serving documents.
• Comply with their specified format, address, or portal to ensure your service is accepted.

Yes. If OSHA participates in the proceeding, parties must send copies of documents to OSHA and the Associate Solicitor in addition to serving the complainant and respondent. See 1991.108(a)(2).

• Participation by OSHA triggers the obligation to serve OSHA and possibly the Associate Solicitor.
• Confirm whether OSHA’s participation is active and follow any service instructions they provide.

You must promptly send copies to the requesting agency and follow any specified means of service, including electronic formats, and keep proof of delivery. See 1991.108(a)(2) and 1991.108(b).

• Confirm whether OSHA, the Associate Solicitor, or the DOJ has requested copies or is participating.
• Use the method (email, portal, physical mail) they specify and retain delivery receipts or system logs.
• Include clear cover letters identifying the case name and docket so the agency can match the filing to the proceeding.