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Back to Part 24
OSHA 24.108

Role of Federal agencies

Subpart B

9 Questions & Answers
Official OSHA text

Questions & Answers

Under 24.108(a)(1), who are the required parties in every proceeding under Part 24?

The complainant and the respondent are the required parties in every proceeding. Under 24.108(a)(1) the Assistant Secretary also has the discretion to participate at any time either as a full party or as amicus curiae and may exercise rights such as petitioning for review of an administrative law judge's decision.

Under 24.108(a)(1), can the Assistant Secretary challenge a judge's decision approving or rejecting a settlement between the parties?

Yes. The Assistant Secretary specifically has the right to petition for review of an administrative law judge's decision, including decisions that approve or reject a settlement agreement between the complainant and the respondent, under 24.108(a)(1).

Under 24.108(a)(2), where must copies of case documents be sent regardless of the Assistant Secretary's participation?

Copies of documents in all cases must be sent to the Assistant Secretary, Occupational Safety and Health Administration, and to the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. This requirement is stated in 24.108(a)(2) and applies whether or not the Assistant Secretary is participating in the proceeding.

Under 24.108(b), can the Environmental Protection Agency, Nuclear Regulatory Commission, or Department of Energy participate in these proceedings?

Yes. The Environmental Protection Agency, the Nuclear Regulatory Commission, and the Department of Energy may participate as amicus curiae at any time in the proceedings at their respective agencies' discretion, as stated in 24.108(b).

Under 24.108(b), if an interested Federal agency requests copies of pleadings, must the parties provide them even if the agency is not participating?

Yes. If an interested Federal agency requests copies of pleadings, copies must be sent to that agency whether or not it is participating in the proceeding, per 24.108(b).

Under 24.108, what does it mean when a federal agency participates as 'amicus curiae'?

Participating as amicus curiae means the agency is acting as a 'friend of the court' to offer information, analysis, or a perspective in the case without being a party. 24.108(b) authorizes the Environmental Protection Agency, the Nuclear Regulatory Commission, and the Department of Energy to appear in that role at their discretion.

Under 24.108(a)(1), is the Assistant Secretary required to participate in every case?

No. Participation by the Assistant Secretary is discretionary; the Assistant Secretary "may" participate as a party or as amicus curiae at any time or stage, which means the Assistant Secretary decides whether to join a particular proceeding, as explained in 24.108(a)(1).

Under 24.108, what practical steps should parties take to comply with the document-copying requirements?

Parties must send copies of all case documents to the Assistant Secretary and to the Associate Solicitor, Division of Fair Labor Standards, for every case, whether or not the Assistant Secretary is participating, as required by 24.108(a)(2). Practical steps include:

  • Maintain a routine to forward every pleading, motion, and order to those officials promptly.
  • Track confirmations of receipt when possible.
  • If a Federal agency (EPA, NRC, DOE) asks for pleadings, send copies even if the agency is not participating, per 24.108(b).

Under 24.108, does the Assistant Secretary's right to participate include the power to file briefs or only to observe?

The Assistant Secretary's right to participate includes active involvement as a party or as amicus curiae at any time or stage of the proceeding, which encompasses filing briefs and petitions for review rather than merely observing. This authority is described in 24.108(a)(1).