Filing procedures and requirements

Under 2200.8(a)(1), all documents required to be served on a party or intervenor must be filed either before service or within a reasonable time after service.

• Be sure to file promptly; “reasonable time” depends on the context and any deadlines in the case.
• Keep proof of when you filed and when you served the other parties (see the certificate of service requirement in 2200.8(c)(9)).

Cited authority: 2200.8(a)(1).

No — under 2200.8(a)(2), discovery documents produced under 2200.52–2200.56 must not be filed with the Commission or the Judge.

• Instead, follow the filing and retention rules in 2200.52(i) and (j).
• Keep internal records of discovery as required and only submit discovery to the Judge or Commission when those rules specifically allow it.

Before a case is assigned to a Judge, file documents electronically in the Commission's E-File System or with the Executive Secretary at One Lafayette Centre; after assignment, file electronically in the E-File System or with the Judge at the address in the notice of assignment, as required by 2200.8(b).

• Use the Commission’s E-File System whenever possible (see 2200.8(c)(1)).
• If you must file a paper document before assignment, send it to the Executive Secretary at One Lafayette Centre, 1120 20th Street NW, Suite 980, Washington, DC 20036-3457.

Cited authority: 2200.8(b).

All parties and intervenors must file documents electronically in the Commission’s E-File System unless they are self-represented and obtain an undue-burden exemption or the documents are exempt from e-filing under 2200.8(c)(5), per 2200.8(c)(1).

• Documents generally may not be filed by email unless allowed under 2200.8(d)(1).
• Read the Commission’s e-filing instructions on its website to complete submissions correctly.

Cited authority: 2200.8(c)(1).

A self-represented party may submit a written statement to the Judge requesting an exemption from mandatory e-filing on grounds of undue burden, and if the Judge grants it, the party must then file by mail, commercial delivery, personal delivery, or facsimile as allowed by 2200.8(c)(2).

• The written statement should explain why e-filing would be an undue burden (lack of access, disability, etc.).
• If granted, follow the alternative filing methods listed in 2200.8(d)(1).

Cited authority: 2200.8(c)(2).

Under 2200.8(c)(5), confidential or privileged documents must not be filed electronically; this includes material covered by a protective order or placed under seal, documents submitted for in camera inspection, confidential settlement materials, and ex parte subpoena applications.

• Specific prohibited e-file items: 2200.8(c)(5)(i)–(iv).
• If a document is confidential, follow the sealing or in-camera procedures in 2200.52(d) and (e).

Cited authority: 2200.8(c)(5) and 2200.8(c)(5)(i)–(iv).

If a document may not be released to the public because it is covered by a protective order or has been placed under seal, you must not file it electronically and must follow the procedures in 2200.52(d) and (e) and 2200.8(c)(5)(i).

• File such documents by an alternative method and mark them as confidential or under seal per the protective order.
• Ensure claims of privilege or confidentiality comply with the requirements in 2200.52(d).

Cited authority: 2200.8(c)(5)(i) and 2200.52(d).

Documents submitted for in camera inspection or for which privilege is claimed must not be filed electronically and should be submitted using alternative filing methods, as stated in 2200.8(c)(5)(ii).

• Include a clear cover letter explaining that the material is submitted for in camera review and cite any asserted privileges.
• Follow the Commission’s or Judge’s instructions for sealed or in camera submissions and the privilege claim procedures in 2200.52(d).

Cited authority: 2200.8(c)(5)(ii).

No — confidential settlement documents filed with the Judge pursuant to settlement procedures in 2200.120 must not be filed electronically, per 2200.8(c)(5)(iii).

• Use the Judge’s prescribed alternative filing method and mark the settlement documents confidential if the procedure requires it.
• Keep a record of how and when you filed these materials.

Cited authority: 2200.8(c)(5)(iii) and 2200.120.

Applications for subpoenas made ex parte pursuant to 2200.65 must not be filed electronically and should be submitted by an alternative method, according to 2200.8(c)(5)(iv).

• Follow any special submission instructions in 2200.65 and the Judge’s rules.
• Mark the filing as an ex parte subpoena application and retain transmission records.

Cited authority: 2200.8(c)(5)(iv) and 2200.65.

Unless the Commission or Judge orders otherwise, you must redact sensitive but non-privileged information (like Social Security numbers, birthdates, home addresses, financial account numbers, and names of minors) from documents filed with the Commission, as required by 2200.8(c)(6) and 2200.8(d)(5).

• Exercise caution when filing medical, employment, or financial records—redact or exclude unnecessary personal data.
• If you think redaction is impractical, request guidance or an order from the Judge or Commission.

Cited authority: 2200.8(c)(6) and 2200.8(d)(5).

Yes — electronic signatures on documents filed in the Commission's E-File System are permitted and have the same legal effect and enforceability as manual signatures under 2200.8(c)(4).

• An “electronic signature” means an electronic symbol or process attached to or logically associated with a record and executed with intent to sign.
• Ensure your e-filing follows the Commission’s instructions so the electronic signature is accepted.

Cited authority: 2200.8(c)(4).

The date of filing for electronic submissions is the day the complete document is successfully submitted in the Commission’s E-File System, per 2200.8(c)(7) and the filing rules in 2200.4(a)(4)(i).

• Make sure the submission is complete and you receive any system confirmation, and retain transmission records.
• Timeliness rests with the filer, so submit early enough to avoid technical problems (2200.8(c)(8)).

Cited authority: 2200.8(c)(7) and 2200.4(a)(4)(i).

Representatives and self-represented parties and intervenors bear the sole responsibility for ensuring that a filing is made timely, as stated in 2200.8(c)(8).

• Do not rely on system confirmation alone—keep delivery records and allow time for unexpected issues.
• If technical difficulties occur, follow the Commission’s e-filing instructions and document the problem (2200.8(c)(3)).

Cited authority: 2200.8(c)(8).

A certificate of service must accompany each filed document and certify simultaneous service of the document by email on all other parties and intervenors (for e-filed documents), and it must set forth the dates and manner of filing and service per 2200.8(c)(9) and 2200.8(d)(4).

• Include the date you filed, the method of service to each party (email, mail, delivery), and any tracking or transmission receipt numbers.
• Retain proof of service and delivery in case timeliness or service is disputed.

Cited authority: 2200.8(c)(9) and 2200.8(d)(4).

If a document is exempt from e-filing, you may file it by postage-prepaid first class or higher class U.S. Mail, commercial delivery service, personal delivery, or facsimile transmission, as listed in 2200.8(d)(1).

• Email filing is allowed only for documents exempt under 2200.8(c)(5) and then as described in 2200.8(d)(1).
• Keep delivery receipts or confirmation numbers as proof of filing date and transmission.

Unless the Commission orders otherwise or another part of the rules requires more, only the original of a document must be filed, per 2200.8(d)(2).

• If you are filing by mail or delivery, send the original to the required recipient and keep a copy for your records.
• Check other specific rules or orders in the case that might require additional copies.

Filing by U.S. first class mail (or higher class) is deemed completed upon depositing the material in the U.S. Mail, while filing by other means (personal delivery, commercial delivery, or facsimile) is deemed completed upon receipt by the Commission; however, certain documents (petitions for interlocutory or discretionary review and EAJA applications) are deemed filed only upon receipt, as explained in 2200.8(d)(3)(i)–(iii).

• For most mailings: the filing date is the deposit date (keep postmark/receipt).
• For personal delivery, courier, or fax: the filing date is the date the Commission actually receives the filing.
• For petitions for interlocutory review (2200.73), petitions for discretionary review (2200.91), and EAJA applications (2204.301), the filing date is the date of receipt.

Cited authority: 2200.8(d)(3)(i)–(iii).

Examples of sensitive information that must be redacted unless ordered otherwise include Social Security numbers, driver’s license numbers, passport numbers, taxpayer-identification numbers, birthdates, mother’s maiden names, names of minors, an individual’s physical personal address, and financial account numbers, per 2200.8(d)(5).

• Also use caution with medical records, medical treatment or diagnosis records, employment history, and individual financial information—redact or exclude unnecessary parts.
• If you are unsure whether to redact, seek guidance from the Judge or the Commission before filing.

Cited authority: 2200.8(d)(5).

Claims regarding privileged information must comply with 2200.52(d), and privileged materials generally should not be filed electronically under 2200.8(d)(6).

• When asserting privilege, provide the required privilege log or justification consistent with [2200.52(d)].
• If in doubt about sealing or privilege procedures, follow the instructions in 2200.52 and consult the Judge.

Cited authority: 2200.8(d)(6) and 2200.52(d).

The filer is responsible for retaining records that show the date of transmission, including receipts or confirmations, as required by 2200.8(d).

• Keep system confirmations, email delivery receipts, mail receipts, courier tracking numbers, or fax transmission reports.
• These records help prove timeliness and proper service if there is a dispute about a filing date.

Cited authority: 2200.8(d).

Most settlement agreements are not posted on OSHA’s website, but settlement agreements are public information and may be disclosed under FOIA; employers generally cannot require OSHA to keep a settlement off the website if the information is public, according to the OSHA letter of interpretation dated September 27, 2004 (https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0).

• The letter explains that OSHA posts major settlement agreements to its site but that the majority of settlement agreements are not placed online; nevertheless, they remain subject to FOIA.
• The letter also notes that Commission rules at 29 CFR 2200.100(c) provide that settlement agreements shall be posted in the same manner as citations and notices of contest (see the OSHA interpretation linked above for details).

Cited authority: OSHA Letter of Interpretation, Sept. 27, 2004 (https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0).