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Employee Guide to Review Commission Procedures


Section 4
Other Important Things to Know

Meet Your Deadlines

If you participate in a Review Commission case, remember that you must respond to papers and requests promptly. Pay close attention to anything you receive from lawyers from the Solicitor of Labor's Office, your employer, or the Review Commission or its judges. The rules for deadlines are strict.  If you miss a deadline, you may lose your opportunity to participate.   See Rule 4.

Service

Every party to the case must serve every other party with copies of every document it files with the Review Commission or judge.  Service is made by either first class mail or personal delivery;  personal delivery includes sending a document by fax or an overnight delivery service. A certificate of service stating how and when parties were served must accompany each document you file with the Review Commission or judge.  See Rule 7 and Appendix 4.

Appearances in Review Commission Proceedings

Any party may appear in a Review Commission proceeding either personally, through an attorney, or through any competent person chosen by the party.  See Rule 22.  Such a person need not be an attorney.  However, all representatives of parties must file a notice of appearance with the Review Commission, and a copy must be sent to all other parties.  See Rule 23.

Testimony

Even if you are not a party, you may be asked or required to testify as a witness or provide certain documents.

Protection for Exercising Your Participation Rights

Section 11(c) of the Occupational Safety and Health Act of 1970 prohibits your employer from firing or in any manner discriminating against you for exercising a right under the Act, like filing a notice of contest, electing party status, or testifying at the hearing.  For more information, you should call OSHA, which investigates employee complaints of this kind.


Last Updated: March 27, 2003

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