Subpart A
Under 2200.7(a), a filer must serve a copy on every other party or intervenor at the time the pleading or document is filed. Service is required when you file pleadings or documents (including discovery-related documents) so that all parties and intervenors receive notice. See 2200.7(a).
Under 2200.7(b), you must serve only the representative when a party or intervenor has appeared through one, unless the Judge orders otherwise. That means service on the authorized representative satisfies the service requirement for that party unless the Judge directs service on the party as well. See 2200.7(b).
Under 2200.7(c)(1), service for electronically filed documents is accomplished by simultaneously emailing the document to all other parties and intervenors and filing proof of service. You must both send the simultaneous email service and file a certificate of service as required by paragraph (d). See 2200.7(c)(1) and 2200.7(d).
Section 2200.7(c) allows U.S. Mail (first-class or higher), commercial or personal delivery to the recipient’s record address, facsimile transmission, and other methods agreed to in writing by the parties for non‑E‑filed documents. Each method has specific rules about when service is deemed accomplished and responsibilities for proof or legibility. See 2200.7(c), 2200.7(c)(2), 2200.7(c)(3), and 2200.7(c)(4).
Under 2200.7(c)(2), service by U.S. Mail is deemed accomplished when the item is deposited in the U.S. Mail with first‑class or higher prepaid postage addressed to the recipient’s record address provided under 2200.6. Make sure you use the recipient’s record address on file to meet this rule. See 2200.7(c)(2) and 2200.6.
Under 2200.7(c)(3), service by commercial or other personal delivery is deemed accomplished upon delivery to the recipient’s record address provided under 2200.6. That means the delivery is effective when the document reaches the record address on file. See 2200.7(c)(3) and 2200.6.
Under 2200.7(c)(4), the party serving the document by facsimile is responsible for ensuring the transmission succeeds and that the served documents are legible. If the fax does not go through or is illegible, the serving party bears the responsibility. See 2200.7(c)(4).
Under 2200.7(c)(5), documents that are not filed in the Commission’s E‑File System (for example, discovery served under 2200.52(j)) may be served by any means the parties have agreed to in writing. If parties reach a written agreement on service methods for non‑E‑filed documents, that agreement controls. See 2200.7(c)(5) and 2200.52(j).
Under 2200.7(d), you must file a written certificate of service that states the date and manner of service. That certificate must be filed with the pleading or document to document how and when service was made. See 2200.7(d).
Under 2200.7(e), if service is accomplished by posting, you must file proof of that posting no later than the first working day after the posting. File the proof promptly to show when and where the posting occurred. See 2200.7(e).
Under 2200.7(g), the employer must immediately post the docketing notice for the notice of contest or petition for modification of the abatement period at or near the place where the citation is required to be posted (per 29 U.S.C. 658(b) and 1903.16). The posting must include: (1) a copy of the notice of contest or petition for modification; (2) a notice informing employees of their right to party status; and (3) a notice that pleadings are available for inspection and copying at reasonable times. See 2200.7(g) and 1903.16.
The sample posting in 2200.7(g)(4)(i) provides a standard notice telling employees that the employer has been cited, the citation is contested, and the matter will be heard before the Occupational Safety and Health Review Commission; using this form complies with the posting requirements. Employers may use that text as the posted notice required for unrepresented employees. See 2200.7(g)(4)(i).
Under 2200.7(i), the employer must immediately post a copy of the Judge’s notice of hearing at or near the place where citations are posted under 29 U.S.C. 658(b) and 1903.16 as soon as the employer receives the hearing notice. Post without delay so unrepresented employees are informed of the hearing. See 2200.7(i) and 1903.16.
If, on or before the date the hearing notice is received, an authorized employee representative has entered an appearance in conformance with 2200.22 and 2200.23, the employer need not serve the notice of hearing on employees. Serving the representative under the prescribed methods satisfies the obligation. See 2200.7 (discussion of this rule).
Under 2200.7(k), the unrepresented affected employee must serve the authorized employee representative for the represented employees with (1) the notice of contest about the abatement period and (2) a copy of the Secretary’s statement of reasons filed under 2200.38(a); service on the representative must follow the methods in 2200.7(c), and the unrepresented employee must file proof of service. See 2200.7(k) and 2200.38(a).
Under 2200.7(m), an authorized employee representative who files a notice of contest about the abatement period must serve any other authorized employee representative whose members are affected employees, using the methods in 2200.7(c). The filing representative is responsible for that service. See 2200.7(m) and 2200.7(c).
Under 2200.7(n), any posting required by the section must be maintained until the hearing begins or until earlier disposition of the matter. That means keep the posting in place through the start of the hearing unless the issue is resolved sooner. See 2200.7(n).
Under 2200.7(o)(1) and (o)(2), service of show cause orders on parties and intervenors using the Commission’s E‑File System is accomplished through the E‑File System (see also 2200.101(a)). For self‑represented parties or intervenors exempted from using the E‑File System, the Commission or Judge must serve the show cause order by certified mail or another delivery method that provides confirmation to the addressee’s record address under 2200.6. See 2200.7(o)(1), 2200.7(o)(2), and 2200.6.
OSHA generally will not issue another citation for the exact same condition, equipment, and location while that condition is under contest, but OSHA reserves the right to take enforcement actions when necessary to protect workers. If OSHA determines the condition is an imminent danger, it may seek immediate relief or issue appropriate citations even when a related citation is contested. See the OSHA policy on contesting citations in the letter of interpretation "Policy on contesting citations" (Sept. 11, 2023) and 2200.7 (service/posting rules generally governing contested matters).
No. Covering or stacking required OSHA notices so they are not readily observable does not meet the posting requirement; notices must be conspicuous and not covered, defaced, or altered. OSHA’s interpretation makes clear that employers must keep notices readily observable and accessible rather than covered in a hanger or layered display. See the OSHA interpretation "OSHA poster display requirements" (June 15, 2023) and the posting/location rule referenced in 2200.7(g) and 1903.16.
No. Posting required notices only on electronic displays that cycle intermittently does not meet the requirement because required notices must be continuously available and readily observable; employers should post physical copies in a conspicuous location near the monitor or elsewhere where notices are customarily posted. OSHA’s interpretation on electronic postings explains this requirement. See the OSHA interpretation "Electronic posting requirements" (Nov. 5, 2014) and 2200.7(i).