OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
The following information is provided to assist parties in using the Review Commission’s E-File system to file and serve documents before the Commission and Administrative Law Judges. It is not a substitute for the Review Commission’s Rules of Procedure (Rules). It is the responsibility of a party to insure that e-filings comply with the Rules.
2. Rules Pertaining to Electronic Filing and Service
The E-File system is the only permitted method for electronic filing and service. The Rules permit filing and service of pleadings and other documents under Rule 7(c), 29 C.F.R. § 2200.7(c) (Service and notice - How accomplished) and Rule 8(g), 29 C.F.R. § 2200.8(g) (Filing - Electronic filing). Parties who intend to use the E-File system for filing and service should become familiar with these rules.
3. Consent by All Parties to Electronic Filing and Service Required
Documents may be filed and served electronically only when all parties consent to use the E-File system and a representative for each party has registered as an E-File user. The certificate of service for each document must state that all parties have consented to service through the E-File system.
The Rules contemplate that, at the commencement of the case, the parties will confer and agree to proceed using the E-File system. The Rules do not allow a party to file using the E-File system and then serve a party by another means. If a party does not agree to use of the E-File system, no other party may unilaterally file documents using the system.
- (1) If Complainant and Respondent have consented to E-Filing, and a third party (e.g., authorized employee representative, affected employee) subsequently enters the case, the original parties should immediately confer with the third party concerning consent to E-filing. If the third party does not consent to e-filing, Complainant and Respondent may nonetheless continue to use the e-file system as long as the Certificate of Service on each document indicates by what other means under Commission Rule 7(c) were used to serve the third party.
- (2) An initial pleading, such as a Complaint or Petition for Modification of Abatement Period, can be E-filed as long as the Certificate of Service on each document indicates what other means under Commission Rule 7(c) were used to serve the Respondent.
If all parties have not agreed to file and serve all documents using the E-File system, but agree to use the system to file and serve a single document, such as a settlement agreement, they are permitted to do so. The certificate of service for said document shall state that all parties have consented to service through the E-File system.
4. Method of Filing and Service
Where all parties consent to use of the E-File system, user registration, filing, and service are accomplished at https://oshrc.entellitrak.com. After registering as a user in the system, the party should follow all instructions for submitting pleadings and other documents.
Electronic files submitted through the E-File system must NOT be password-protected, encrypted, or protected by rights-management. All pleadings and most other documents submitted through the system must be in Adobe Portable Document Format (PDF) format. The PDF document must be generated by converting to PDF from the original word processing file, so that the text of the digital document may be searched and copied. PDF images created by scanning paper documents, other than attachments to pleadings and documents for which no word processing file is available, do not comply with the system’s requirements. The use of a scanner is recommended so that any attachment to pleadings and documents that exists only in non-electronic format, such as an original or photocopy, may be scanned into PDF format and submitted through the E-File system. Any audio file must be formatted as an MPEG-1 Audio Layer-3 file (usually referred to as .mp3), and any video file must be formatted as an MPEG-4 Part 14 file (usually referred to as .mp4).
A high-speed internet connection is recommended, as slower speeds may cause functionality problems for E-File system users.
5. Do Not Experiment - Proficient Skills Required
To file and serve documents using the E-File system, you must have an e-mail address and be proficient in 1) operating a personal computer, 2) creating documents in Adobe Portable Document Format (PDF), and 3) using the internet. If you are not proficient in these skills, please do not attempt an actual filing. You may always use any other means of filing, such as First Class Mail, fax, overnight delivery service, and personal delivery, as permitted by Commission Rule 7.
Please be aware that the Review Commission does not have the staff or resources to routinely assist a party with using the E-File system and cannot answer technical questions pertaining to the system.
6. Retransmission to Correct Errors
All parties shall proofread a document for errors and corrections before filing it with the Commission using the E-File system. Resubmission of a document for minor amendments or to correct minor errors is disfavored. Any resubmission must clearly state in its title that it is an amended document and if it has been amended more than once, it must identify the amendment number in the title, e.g. "Second Amended Complaint." The amended document must also clearly identify the precise nature of the amendments.
7. Attachments and Exhibits
Each attachment or exhibit to a document or pleading shall have a separate first page providing:
- the case name;
- the docket number;
- the document title that it is attached to;
- the attachment number or letter;
- a description of the document; and
- the identity of the filing party.
For example, the first page of an attachment to a motion to dismiss would appear as shown below:
Secretary of Labor v. ABC Co.
OSHRC Docket No. [Insert Docket Number Here]
Motion to Dismiss
[If Pending Before a Judge, Enter Name of Judge]
Attachment [or Exhibit] [Enter Attachment or Exhibit No. or Letter]
Description of Attachment
8. Virus Checking
Any party filing a document through the E-File system must check it for viruses prior to filing.
9. File Naming Conventions
The electronic file shall be named as follows:
- the docket number followed by one space;
- the document title beginning with the filing party’s designation (e.g., Secretary’s, Respondent’s, Authorized Employee Representative’s); and,
- the file extension “.pdf”, “.mp3”, or “.mp4”.
Some examples are:
- 99-9999 Respondent’s Motion to Dismiss.pdf
- 99-9999 Secretary’s Response to Motion to Dismiss.pdf
- 99-9999 Authorized Employee Representative’s Reply to Motion to Dismiss.pdf
- 99-9999 Respondent’s Attachment A to Reply to Motion to Dismiss.pdf
File names cannot contain the following characters: \ / : * ? " < > |. Please note that a period is a prohibited character except when it appears before the file extension.
10. Filing and Service Date
Filing through the E-File System is effective upon the Review Commission’s receipt of the pleading or other document. The date and time of receipt are determined by the E-File system using Eastern Standard or Daylight Time, as the case may be. Early filing is recommended. The Review Commission is not responsible for transmission delays due to service problems by internet providers or internet system problems. Documents filed at 11:59 p.m. (or at earlier times) may not arrive at the E-File system until the next day.
Service is effective upon the party's receipt of the email notification that the E-File system automatically generates when a pleading or other document has been successfully e-filed.
11. Delivery Confirmation
A party is responsible for retaining records showing the date of any e-filing, including receipts. Accordingly, the party should retain the delivery receipt that is automatically generated by the E-File system when a pleading or other document has been successfully e-filed. Because a receipt is automatically generated when the e-mail is physically opened, you should not include a read receipt when using the E-File system.
12. Certificate of Service
If a document or pleading is filed and served using the E-file system, the certificate of service shall state that all parties consent to such filing and service (except as provided in paragraph 3 above, for subsequently entered third parties to be served by other means). An example of an e-filing certificate of service is provided below:
Certificate of Service
I certify that all parties have consented that all papers required to be served may be filed and served using the E-File system. I further certify that on [date], a copy of the [name of document] was served through the E-File system on the following parties:
[List of parties’ names and addresses]
- [Mailing Address]
- [E-mail Address]
13. Sensitive Information
Sensitive information that is NOT privileged shall be e-filed as follows:
- (i) If a Social Security number must be filed, only the last four digits of the Social Security number shall be used;
- (ii) If the name of a minor child must be filed, only the initials of the minor child shall be used;
- (iii) If a date of birth must be filed, only the year shall be used;
- (iv) If a financial account number must be filed, only the last four digits of the number shall be used; and,
- (v) If a personal identifying number, such as a driver’s license number must be filed, only the last four digits shall be used.
Parties shall exercise caution when filing medical records, medical treatment records, medical diagnosis records, employment history, and individual financial information, and shall redact or exclude certain materials unnecessary to a disposition of the case.
14. Privileged Information Shall Not Be Filed Electronically
Privileged information or information that is asserted by any party to be privileged shall NOT be filed through the E-File system.
15. Electronic Transmittal Letters Shall Not be Filed
A transmittal letter that notes any one of the following shall not be filed through the E-File system:
- (i) The transmittal of a document;
- (ii) The inclusion of an attachment;
- (iii) A request for a return receipt; or
- (iv) A request for additional information concerning the filing.
The signature line of any document filed through the E-File system shall include the notation “/s/” followed by the typewritten name or graphical duplicate of the handwritten signature of the party representative filing the document. This shall be deemed to be an original signature unless the party shows that such representation was unauthorized.
The Review Commission welcomes suggestions for the improvement of its E-File system. Suggestions may be submitted to: firstname.lastname@example.org
Procedural questions should be directed to:
Office of the Executive Secretary
Occupational Safety and Health Review Commission
One Lafayette Centre
1120 20th Street, N.W., Suite 980
Washington, DC 20036-3457