the cal/osha appeals process

The Cal/OSHA Appeals Process

July 11, 2012Walter & Prince LLPLisa Princewww.walterprincelaw.com

What’s What

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Cal/OSHA The Standards Board The Appeals Board The Division

What’s What

Walter & Prince LLP - 2012

The Appeals Board The Labor Member The Public Member The Management Member

What’s What

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The Appeals Board The Executive Officer The Administrative Law Judges

Chief Counsel

Who’s Who

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The Appeals Board Labor Member: Art Carter Public Member: Ed Lowry Manag. Member: Vacant

Who’s Who

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The Appeals Board Executive Officer: Michael

Wimberly ALJ’s:

Martin Fassler, PresidingUrsula Clemons, Presiding

Chief Counsel: Jeffrey Mojcher

The Process

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Citations Issued The 1BY The Citations The Informal The Appeal

The Process

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Issues on Appeal: Existence of violation Classification of violation Abatement Penalty

The Process

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BREAK FOR THE REAL QUESTION

The Process

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The Appeal

Perfect Means Perfect

The Process

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Traps for the Unwary The call is not enough. Calendar Days vs. Working Days.

Division vs. the Appeals Board.

Appeal vs. Informal Conference.

The Process

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BREAK FOR THE OTHER QUESTION

The Process

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The Basic Appeal Timeline Docketing PHTC Hearing Decision

Employee as a Party

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Mandatory participation notice.

Employees right to participate. Employees’ representative. Representative of deceased. Participation in settlement talks.

Participation at hearing.

The Process

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Your Basic Timeline Informal Discovery Investigation Discussion and Evaluation

Defenses

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Application of the regulation.

Logical time. The statute of limitations. No employer knowledge. IEAD (its own presentation).

The Hearing

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Presentation of Evidence The burden of proof. Testimony and exhibits. Direct and cross examination. Hearsay. Foundation.

The Decision and Beyond

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The ALJ Decision Petition for Reconsideration

Writ of Mandate

Resources

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Walter & Prince LLP www.walterprincelaw.com

E-zines, articles and further links http://www.caloshablog.com/

Erratic blog on timely issues Fed/OSHA Establishment Search

www.osha.gov/oshstats/index.html Cal/OSHA Regulations

www.dir.ca.gov/samples/search/query.htm Cal/OSHA Enforcement (DOSH)

www.dir.ca.gov/DOSH/dosh1.html Cal/OSHA Appeals Board

www.dir.ca.gov/OSHAB/oshab.html