Filing and service procedures

You must file the application and serve it on all parties to the proceeding at the same time. This requirement is stated in 2204.401 and means your filing is not complete unless you also give every party in the case a copy as required by the general filing and service rules in 2200.7 and 2200.8.

Under 2204.401, every party to the proceeding must be served. In practice that means you must deliver a copy to all named parties, counsel of record, and any other party identified in the Commission docket, following the service methods and proof requirements in 2200.7 and 2200.8.

You should use the filing and service methods authorized by the Commission rules in 2200.7 and 2200.8. Those sections set out acceptable ways to file and serve documents (for example, in person, by mail, or any electronic methods authorized by the Commission). Always follow the specific procedures and timing in those sections to ensure service is effective.

Yes — confidential financial information may be exempted from routine service only as provided by 2204.302(b). Section 2204.401 requires service on all parties except where 2204.302(b) specifically allows confidential financial submissions to be handled differently. Follow the procedures in 2204.302 and the general filing rules in 2200.7 and 2200.8 when claiming confidentiality.

You should follow the special handling allowed by 2204.302(b) and then make the rest of your application available to all parties as required by 2204.401. In practice, that means indicating which parts of your submission are confidential financial information and filing them under the protection described in 2204.302 while serving the non-confidential portions in the usual way in accordance with 2200.7 and 2200.8.

Yes — you must comply with the proof-of-service and certification rules in 2200.7 and 2200.8 when filing under 2204.401. Those sections require you to show how and when service was made (for example, by including a certificate of service), so the Commission and the other parties can verify proper notice.

Electronic filing can satisfy the filing and service requirement if it is done in a manner authorized by the Commission rules in 2200.7 and 2200.8. Follow those sections for which electronic methods are permitted, how to verify service, and any timing or formatting rules, and then serve all parties as required by 2204.401.

You must serve supporting documentation on all parties at the time you file the application unless a narrow confidentiality exception applies under 2204.302(b). 2204.401 requires that both the application and accompanying documents be filed and served together in accordance with the general filing rules in 2200.7 and 2200.8.

Settlement agreements are generally public information and may be posted, but most settlement agreements are not posted on OSHA’s web site even though they remain subject to FOIA; major agreements are commonly posted. OSHA explained this practice in a Letter of Interpretation, noting the Agency posts major settlement agreements and that most agreements are not put on the web site but can be disclosed under FOIA; also, Commission rules at 2200.100(c) guide posting of settlement documents. See OSHA's Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 for additional context.

You should clearly identify and segregate the confidential financial portions and file them under the procedures described in 2204.302(b), while serving the remaining materials on all parties per 2204.401. Also follow the general filing and service format and certification requirements in 2200.7 and 2200.8 so the Commission will know which parts you claim are confidential.

First, check that you followed the service methods and included proof of service as required by 2200.7 and 2200.8; 2204.401 requires service on all parties. If your certificate of service shows proper delivery, provide that proof to the party and the Commission. If service was defective, correct it immediately by re-serving the document in the authorized manner and updating your certificate of service.

No — you must serve pro se parties the same as any other party to the proceeding under 2204.401. Follow the service methods and proof-of-service requirements in 2200.7 and 2200.8 and make sure the pro se party’s current address or contact information on the record is used so they actually receive the filing.