"When service is required." At the time of filing pleadings or other documents, a copy thereof shall be
served by the filing party or intervenor on every other party or intervenor. Every paper relating to discovery required to be served on a party shall
be served on all parties and intervenors. Every order required by its terms to be served shall be served upon each of the parties and
"Service on represented parties or intervenors." Service upon a party or intervenor who has appeared
through a representative shall be made only upon such representative.
"How accomplished." Unless otherwise ordered, service may be accomplished by postage pre-paid first
class mail at the last known address or by personal delivery. Service is deemed effected at the time of mailing (if by mail) or at the time of
personal delivery (if by personal delivery). Facsimile transmission of documents and documents sent by an overnight delivery service shall be
considered personal delivery. Legibility of documents served by facsimile transmission is the responsibility of the serving party.
"Proof of service." Proof of service shall be accomplished by a written statement of the same which
sets forth the date and manner of service. Such statement shall be filed with the pleading or document.
"Proof of posting." Where service is accomplished by posting, proof of such posting shall be filed not
later than the first working day following the posting.
"Service on represented employees." Service and notice to employees represented by an authorized
employee representative shall be deemed accomplished by serving the representative in the manner prescribed in paragraph (c) of this
"Service on unrepresented employees." In the event that there are any affected employees who are not
represented by an authorized employee representative, the employer shall, immediately upon receipt of notice of the docketing of the notice of contest
or petition for modification of the abatement period, post, where the citation is required to be posted, a copy of the notice of contest and a notice
informing such affected employees of their right to party status and of the availability of all pleadings for inspection and copying at reasonable
times. A notice in the following form shall be deemed to comply with this paragraph:
(Name of employer) _________________________________________________
Your employer has been cited by the Secretary of Labor for violation of the Occupational Safety and Health Act of 1970. The citation has
been contested and will be the subject of a hearing before the OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. Affected employees are entitled to
participate in this hearing as parties under terms and conditions established by the OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION in its Rules of
Procedure. Notice of intent to participate must be filed no later than 10 days before the hearing. Any notice of intent to participate should be sent
Occupational Safety and Health Review Commission, Office of the Executive Secretary. One Lafayette Centre, 1120-20th Street, NW., Suite
980, Washington, DC 20036-3419.
All pleadings relevant to this matter may be inspected at:
(Place reasonably convenient to employees, preferably at or near workplace.)
Where appropriate, the second sentence of the above notice will be deleted and the following sentence will be substituted:
The reasonableness of the period prescribed by the Secretary of Labor for abatement of the violation has been contested and will be the
subject of a hearing before the OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.
"Special service requirements; authorized employee representatives." The authorized employee
representative, if any, shall be served with the notice set forth in paragraph (g) of this section and with a copy of the notice of contest.
"Notice of hearing to unrepresented employees." Immediately upon receipt, a copy of the notice of the
hearing to be held before the Judge shall be served by the employer on affected employees who are not represented by an authorized employee
representative by posting a copy of the notice of such hearing at or near the place where the citation is required to be posted.
"Notice of hearing to represented employees." Immediately upon receipt, a copy of the notice of the
hearing to be held before the Judge shall be served by the employer on the authorized employee representative of affected employees in the manner
prescribed in paragraph (c) of this section, if the employer has not been informed that the authorized employee representative has entered an
appearance as of the date such notice is received by the employer.
"Employee contest; service on other employees." Where a notice of contest is filed by an affected
employee who is not represented by an authorized employee representative and there are other affected employees who are represented by an authorized
employee representative, the unrepresented employee shall, upon receipt of the statement filed in conformance with 2200.38, serve a copy thereof on
such authorized employee representative in the manner prescribed in paragraph (c) of this section and shall file proof of such service.
"Employee contest; Service on employer." Where a notice of contest is filed by an affected employee or
an authorized employee representative, a copy of the notice of contest and response filed in support thereof shall be provided to the employer for
posting in the manner prescribed in paragraph (g) of this section.
"Employee contest; service on other authorized employee representatives." An authorized employee
representative who files a notice of contest shall be responsible for serving any other authorized employee representative whose members are affected
"Duration of posting." Where posting is required by this section, such posting shall be maintained
until the commencement of the hearing or until earlier disposition.
[51 FR 32015, Sept. 8, 1986; 52 FR 13831, Apr. 27, 1987, as amended at 57 FR 41684, Sept. 11, 1992;
58 FR 26065, Apr. 30, 1993; 62 FR 35961, July 3, 1997]