the cal/osha appeals process
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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
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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