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Guide to E-Z Trial Procedures
E-Z Trial Step By Step
Remember, failure to meet deadlines may have serious consequences.
- Employer files notice of contest with OSHA office that mailed citation--within 15 working days of receiving the citation.
- Employer receives notification (Notice of Docketing) from Commission of case, docket number, and forms to notify employees.
- Employer posts notification to employees of case in progress.
- Union and/or affected employees may contest reasonableness of abatement period; notice
of contest is sent to citing OSHA office within 15 working days of employer's posting of citation.
If case designated for E -Z Trial:
- The employer receives the OSHA investigatory documents from the Secretary of Labor within 12 days after the case is designated for E-Z Trial.
- The employer receives photographs, videotapes and any evidence from the Secretary of
Labor within 30 days after the case is designated for E-Z Trial.
- The parties participate in a mandatory pre-hearing conference with the judge to narrow disputed issues, agree upon facts and list employer defenses.
- Employer sends the Secretary of Labor documents relating to affirmative defenses.
If all disputed issues are not resolved at the prehearing conference, then parties:
- List witnesses and exhibits.
- Prepare for and participate in a hearing, and present oral arguments at the close of the hearing.
- May purchase a copy of the hearing transcript.
- Decide whether to request permission to file a brief.
Judge then issues decision from the bench or in writing within 45 days.
If dissatisfied, any party may ask for Commission review of the decision.
Last
Updated:
March 27, 2003
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