Intervention by non-parties

A petition for leave to intervene may be filed at any time up until 14 days before the start of the hearing. See 2200.21(a).

• File at least 14 days before the hearing to avoid additional hurdles.
• If you cannot meet that deadline, you must show good cause for filing late (see next question).

A petition filed less than 14 days before the hearing will be denied unless the petitioner shows good cause for not filing on time. See 2200.21(a).

• "Good cause" is the legal standard referenced in the rule; the petitioner bears the burden of demonstrating it.
• Be prepared to explain and document why the late filing was unavoidable.

Yes — a petition must be served on all parties in accordance with the service rules in 2200.7. See 2200.21(a).

• Follow the methods and timing for service that are set out in 2200.7 to ensure the petition is properly received.
• Failure to serve all parties correctly can be a basis for denial or procedural delay.

No — a petition must be filed prior to 14 days before the hearing; filing after the hearing starts would be outside that time frame and will be evaluated as a late filing subject to denial unless good cause is shown. See 2200.21(a).

• If extraordinary circumstances occur during the hearing, you would need to show good cause to the judge for a late petition, but the rule’s timing is the general requirement.

The 14‑day advance filing rule gives existing parties and the judge time to consider the petition and prepare for participation by an additional party. See 2200.21(a).

• This deadline helps avoid last-minute surprises that could disrupt the hearing schedule or prejudice the other parties.
• If you cannot meet the deadline, you must show good cause for a late filing.

The intervention rule is located at 2200.21 within Part 2200, Subpart B (Parties and Representatives). See 2200 for the overall Rules of Procedure.

• Use these links to review the exact regulatory language and related procedural rules.

You should consult 2200.7 for the required methods and procedures for serving documents on parties. See also the filing and service requirement in 2200.21(a).

• Follow the procedures in 2200.7 exactly to avoid service defects that could affect your petition.

OSHA posts certain major settlement agreements on its website, but most settlement agreements are not posted online; however, they remain subject to public disclosure under the Freedom of Information Act (FOIA). See the OSHA letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• The letter explains that major agreements are posted while the majority of settlement agreements are not put on the public web site but can be obtained through FOIA.
• The letter also notes that the rules at 29 CFR 2200.100(c) require settlement agreements to be posted in the same manner that employers post citations and notices of contest.

The rule addresses rulings on petitions under 2200.21(c), which is the subsection that covers how the tribunal decides intervention petitions. See 2200.21 for the full context.

• While 2200.21(c) states the judge will rule on the petition, the regulation itself governs timing, service, and the need to show good cause for late petitions (see 2200.21(a)).

You should clearly explain and document the reasons you could not file earlier so the judge can evaluate ‘‘good cause’’ for the late filing, because 2200.21(a) requires good cause for petitions filed less than 14 days before the hearing.

• Include dates, communications, and any unforeseeable events that prevented timely filing.
• Serve the late petition on all parties in accordance with 2200.7 to avoid procedural objections.