[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Proposed Rules]
[Pages 34031-34032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16474]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2200


Rules of Procedure for E-Z Trials

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document contains revisions to the procedural rules 
governing the E-Z Trial program. These revisions are intended to assist 
the E-Z Trial process in meeting its objective of allowing parties in 
less complex cases to argue their cases before the Commission with as 
few legal formalities as possible.

DATES: Comments must be received by July 24, 1997.

ADDRESSES: All comments concerning these proposed rules should be 
addressed to Earl R. Ohman, Jr., General Counsel, Occupational Safety 
and Health Review Commission, 1120 20th Street NW., 9th Floor, 
Washington, DC 20036-3419..

FOR FURTHER INFORMATION CONTACT:
Earl R. Ohman, Jr., General Counsel, (202) 606-5410.

SUPPLEMENTARY INFORMATION: On August 14, 1995, the Occupational Safety 
and Health Review Commission published in the Federal Register (60 FR 
41805) new procedural rules for a pilot program designed to simplify 
and accelerate adjudication for those cases appropriate for a less 
formal process. Designated ``E-Z Trial,'' the pilot program was to run 
for one year, beginning on October 1, 1995, and terminating on 
September 30, 1996, under a ``sunset provision'' unless extended by the 
Commission. On September 27, 1996, the Commission extended the sunset 
provision until March 31, 1997, to allow for an evaluation of the pilot 
program (61 FR 50711). During that period, the Commission held focus 
groups with parties, including small employers, safety consultants, 
representatives of employers, and attorneys from the Cleveland office 
of the Solicitor of Labor, who had participated in E-Z Trial 
proceedings, The participants were given an opportunity to comment on 
the E-Z Trial process and to suggest changes that would enable the E-Z 
Trial program to more effectively achieve its goals. The Commission 
also solicited comments and experiences from Commission judges who had 
conducted E-Z Trials. On March 28, 1997, the Commission further 
extended the sunset provision until July 31, 1997 (62 FR 14821) in 
order to evaluate the comments it had received about the E-Z Trial 
program. Based on that evaluation, the Commission has proposed 
revisions to its procedural rules involving the eligibility of cases 
for E-Z Trial and mandatory disclosure by the parties. Specifically, 
the Commission has determined that cases involving fatalities or 
allegations of repeat violations are not appropriate for E-Z Trial 
designation, and that cases involving aggregated proposed penalties of 
more than $10,000, but not more than $20,000, may be designated for E-Z 
Trial at the discretion of the Chief Administrative Law Judge, if 
otherwise appropriate. Additionally, the Commission believes that the 
goal of E-Z Trial is best served by requiring the Secretary to turn 
over to the employer any photographs or videotapes that the Secretary 
anticipates using at the hearing. Having received many comments 
concerning the increased use of videotapes and photographs during 
inspections, the Commission believes that the disclosure of such 
evidence will promote fairness and will help expedite the resolution of 
E-Z Trial cases. The Commission invites comments from the public 
regarding these proposed changes.

List of Subjects in 29 CFR Part 2200

    Administrative practice and procedure, Hearing and appeal 
procedures.

    For the reasons set forth in the preamble, the Occupational Safety 
and Health Review Commission proposes to amend Title 29, Chapter XX, 
Part 2200, Subpart M of the Code of Federal Regulations as follows:

PART 2200--RULES OF PROCEDURE

    1. The authority citation continues to read as follows:

    Authority: 29 U.S.C. 661(g).

    2. Section 2200.202 is revised to read as follows:


Sec. 2200.202  Eligibility for E-Z Trial.

    (1) Those cases selected for E-Z Trial will be those that do not 
involve complex issues of law or fact. Cases appropriate for E-Z Trial 
would generally include those with one or more of the following 
characteristics:
    (a) relatively few citation items,
    (b) an aggregate proposed penalty of not more than $10,000,
    (c) no allegation of willfulness or a repeat violation,
    (d) not involving a fatality,
    (e) a hearing that is expected to take less than two days, or
    (f) a small employer whether appearing pro se or represented by 
counsel.
    (2) Those cases with an aggregate proposed penalty of more than 
$10,000, but not more than $20,000, if otherwise appropriate, may be 
selected for E-Z Trial at the discretion of the Chief Administrative 
Law Judge.
    3. Section 2200.206(a) is revised to read as follows:


Sec. 2200.206  Disclosure of information.

    (a) Disclosure to employer. (1) Within 12 working days after a case 
is designated for E-Z Trial, the Secretary shall provide the employer, 
free of charge, copies of the narrative (Form OSHA 1-A) and the 
worksheet (Form OSHA 1-B), or their equivalents.
    (2) Within 30 calendar days after a case is designated for E-Z 
Trial, the Secretary shall provide the employer with reproductions of 
any photographs or videotapes that the Secretary anticipates using at 
the hearing.
    (3) The Judge shall act expeditiously on any claim by the employer 
that the Secretary improperly withheld or redacted any portion of the 
documents,

[[Page 34032]]

photographs, or videotapes on the grounds of confidentiality or 
privilege.
* * * * *
    4. Section 2200.207(a) is amended by revising the first sentence to 
read as follows:


Sec. 2200.207  Pre-hearing conferences.

    (a) When held. As early as practicable after the employer has 
received the documents set forth in Sec. 2200.206(a)(1), the presiding 
Judge will order and conduct a pre-hearing conference. * * *
* * * * *
    Dated: June 18, 1997.
Earl R. Ohman, Jr.,
General Counsel.
[FR Doc. 97-16474 Filed 6-23-97; 8:45 am]
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