The Cal/OSHA Appeals Process
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The Cal/OSHA Appeals Process
- 1. The Cal/OSHA Appeals Process July 11, 2012 Walter & Prince LLP Lisa Prince www.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 Process BREAK FOR THE REAL QUESTION Walter & Prince LLP - 2012
- 10. The Process The Appeal Perfect 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 THE OTHER 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
Notas do Editor
- 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.