Guide to Review Commission Procedures

Occupational Safety and Health Review Commission

November 1997

Table of Contents

Section 1 -- Introduction

    The Review Commission
    Rules of Procedure
    Parties May Represent Themselves
    Time is of the Essence
    Using This Guide
    Sample Legal Documents
    Questions Regarding Proper Procedure

Section 2 -- Preserving Your Rights and Choosing a Legal Process

    OSHA Citation
    Employer's Notice of Contest
    Informal Conference with OSHA
    Content and Effect of Notice
    Informing Employees
    Employees May Contest Abatement Period
    Notice of Docketing
    Party Requests for E-Z Trial
    Choosing E-Z Trial or Conventional Trial Process
    E-Z Trial Eliminates Paper Work

Section 3 -- An Overview of Conventional Proceedings

    Employee Notification
    The Complaint
    The Answer
    Contesting the Abatement Period
    Interlocutory Appeals
    Withdrawal of Notice of Contest
    Hearing Transcripts
    Post-hearing Briefs
    Judge's Decision and Petition for Discretionary Review
    Sua Sponte Direction for Review
    Decisions Final in 30 Days

Section 4 -- An Overview of E-Z Trial for Employers and Employees

    What is an E-Z Trial?
    Majors Features of E-Z Trial
    Cases Eligible for E-Z Trial
    Employee or Union Requests
    Specific Considerations for Employers
    Complaint and Answer
    Beginning E-Z Trial
    Notifying Other Parties
    Objections to E-Z Trial
    Discontinuing E-Z Trial
    Restrictions on Obtaining Information and Flexibility Regarding Evidence
    Required Information Disclosures
    Pre-hearing Conference
    Review of the Judge's Decision

Section 5 -- Other Important Things To Know

    Appearances in Commission Procedures
    Criminal Prosecution
    Private (Ex Parte) Dicussions
    Petition for Modification of Abatement
    Expedited Proceedings
    Maintaining Copies of Papers Filed with the Judge

Descriptive Tables on Commission Processes

    Conventional Process
    E-Z Trial Process
    Commission Review of Judge's Decision


Appendixes/Sample Legal Documents

    Notices of Contest
    Complaint and Certificate of Service
    Notice of Decision
    Petition for Discretionary Review
    Direction for Review
    Notice of Withdrawal

Last Updated: March 27, 2003

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