The Cal/OSHA Appeals Process

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  • Do I need an Attorney? Used to say it depends. We have now seen too many cases compromised or made completely unsalvageable by lack of competent advice early in the case.
  • How much will it cost. The question, at the start of a case, is like preparing a bid for work without seeing the plans.
  • What about the MEW Case – no notice yet required to injured person, injured’s union if non-employee?
  • Investigation: Never believe what you read.

Transcript

  • 1. The Cal/OSHA Appeals ProcessJuly 11, 2012Walter & Prince LLPLisa Princewww.walterprincelaw.com
  • 2. What’s What Cal/OSHA The Standards Board The Appeals Board The Division Walter & Prince LLP - 2012
  • 3. What’s What The Appeals Board The Labor Member The Public Member The Management Member Walter & Prince LLP - 2012
  • 4. What’s What The Appeals Board The Executive Officer The Administrative Law Judges Chief Counsel Walter & Prince LLP - 2012
  • 5. Who’s Who The Appeals Board  Labor Member: Art Carter  Public Member: Ed Lowry  Manag. Member: Vacant Walter & Prince LLP - 2012
  • 6. Who’s Who The Appeals Board  Executive Officer: Michael Wimberly  ALJ’s: Martin Fassler, Presiding Ursula Clemons, Presiding  Chief Counsel: Jeffrey Mojcher Walter & Prince LLP - 2012
  • 7. The Process Citations Issued  The 1BY  The Citations  The Informal  The Appeal Walter & Prince LLP - 2012
  • 8. The Process Issues on Appeal:  Existence of violation  Classification of violation  Abatement  Penalty Walter & Prince LLP - 2012
  • 9. The ProcessBREAK FOR THE REAL QUESTION Walter & Prince LLP - 2012
  • 10. The Process The AppealPerfect Means Perfect Walter & Prince LLP - 2012
  • 11. The Process Traps for the Unwary  The call is not enough.  Calendar Days vs. Working Days.  Division vs. the Appeals Board.  Appeal vs. Informal Conference. Walter & Prince LLP - 2012
  • 12. The Process BREAK FOR THEOTHER QUESTION Walter & Prince LLP - 2012
  • 13. The Process The Basic Appeal Timeline  Docketing  PHTC  Hearing  Decision Walter & Prince LLP - 2012
  • 14. Employee as a Party Mandatory participation notice. Employees right to participate.  Employees’ representative.  Representative of deceased.  Participation in settlement talks.  Participation at hearing. Walter & Prince LLP - 2012
  • 15. The Process Your Basic Timeline  Informal  Discovery  Investigation  Discussion and Evaluation Walter & Prince LLP - 2012
  • 16. Defenses Application of the regulation. Logical time. The statute of limitations. No employer knowledge. IEAD (its own presentation). Walter & Prince LLP - 2012
  • 17. The Hearing Presentation of Evidence  The burden of proof. Testimony and exhibits.  Direct and cross examination.  Hearsay.  Foundation. Walter & Prince LLP - 2012
  • 18. The Decision and Beyond The ALJ Decision Petition for Reconsideration Writ of Mandate Walter & Prince LLP - 2012
  • 19. Resources 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 Walter & Prince LLP - 2012