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Guide to E-Z Trial Procedures Section 1 - Introduction to E-Z Trial The Review Commission The Occupational Safety and Health Review Commission is an independent agency of the U.S. Government. The Commission's only function is to resolve disputes that result from inspections carried out under the Occupational Safety and Health Act of 1970, which we will refer to simply as the Act. The Commission is completely independent of the Department of Labor and the Department's Occupational Safety and Health Administration (OSHA). It is composed of three Commission members who are appointed by the President of the United States for six-year terms, and it employs Administrative Law Judges to hear cases. What is an E-Z Trial? E-Z Trial is a method for hearing less complex cases before the Review Commission judges. It is quicker, less costly and involves fewer legal formalities than the conventional method of hearing cases. Even though the legal process is streamlined, the proceedings are still a trial before an Administrative Law Judge with sworn testimony and witness cross examination. Purpose of this Guide This guide is an explanation of how proceedings are conducted before Commission judges under E-Z Trial procedures. It is published to assist you in following the Commission's E-Z Trial Rules. The guide is not, however, a substitute for the Rules. In the event of a perceived inconsistency, the formal Rules of Procedure will govern. References to the "Rules" in this guide simply state "See Rule," followed by the rule number. Rules of Procedure The Commission's Rules of Procedure are published in part 2200 of Title 29, Code of Federal Regulations (C.F.R.); Subpart M (Rules 2200.200-2200.211) covers E-Z Trial. These regulations, along with the Act, may be available in a local library and can also be obtained by writing or calling: Office of Public Information Time is of the Essence Many of the documents parties are required to file, such as those needed to disagree with an OSHA citation or proposed penalty, must be filed within a specific time period. File means to send papers to the Commission Executive Secretary, or judge assigned to a case, and to give copies of those papers to the other parties in the case. Failure to file documents as required could result in a citation becoming a final order without an opportunity to appeal. Therefore, you must respond promptly to communications you receive from either the judge, the Commission, or any of the parties to the dispute. Using This Guide This guide describes the process and related documents the Commission has developed to simplify legal proceedings before its judges. It includes a table at page 18 summarizing the major steps for using E-Z Trial. Important terms and requirements are shown in bold italics the first time they appear and are included in a Glossary for easy reference (page 26). It omits discussion of the Commission's more complex conventional procedures, except where such information is needed to understand E-Z Trial. Conventional procedures are the standard way cases are handled in which all legal formalities are observed. They are more costly and time consuming, but often necessary for more complex cases. Employer's Notice of Contest Most cases begin with the filing of a notice of contest by an employer disagreeing with some part of the OSHA citation. The employer must notify OSHA in writing of that disagreement within 15 working days (Mondays through Fridays, excluding Federal holidays) of receiving the citation. This written notification is called a notice of contest. If the notice of contest is late, the employer is not usually entitled to have the dispute resolved by the Commission. The notice of contest is a statement that an employer intends to contest (1) the alleged violations, (2) the specific abatement periods, and or (3) the penalties proposed by OSHA. The notice should state in detail those matters being contested. (See Appendix 1A-1C) The notice of contest must be in writing and delivered to the Area Director of the OSHA office that mailed the citation . If delivered by mail, first-class mail is sufficient. The Area Director's name and address will be listed on the citation. A notice of contest must not be sent to the Commission. Notice of Docketing Once OSHA notifies the Commission of the case, our Executive Secretary issues a notice of docketing , which confirms that we have received the case. He also assigns a Docket Number that must be included on every document subsequently filed in the case. Questions About this Guide If you have questions on proper procedure, call either the judge assigned to your case or the Chief Administrative Law Judge's office at (202) 606-5405. They cannot give legal advice or discuss the merits of a case, but they can explain our procedures.
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