Investigational hearing procedures

The Assistant Secretary may appoint a Board of Investigation whenever a serious injury results from employments covered by the Longshoremen's and Harbor Workers' Compensation Act or whenever it is otherwise appropriate. See 1922.2 for this delegation of authority.

• "May" indicates discretion: the Assistant Secretary can decide this is necessary based on the circumstances of an investigation.
• This provision applies during investigations made under section 41 of the Act, so timing is tied to those investigations.

Yes. Part 1922 prescribes the manner in which investigational hearings shall be conducted. See 1922.2.

• That means the rules and procedures for investigative hearings under section 41 are contained in Part 1922.
• If you need procedural details (notice, witnesses, evidence, etc.), consult the other sections of Part 1922 referenced from 1922.

No. Part 1922 does not apply to adjudicative proceedings held under section 41(b)(5) of the Act. See 1922.2.

• Investigational hearings under section 41 are distinct from formal adjudicative proceedings under section 41(b)(5), and Part 1922 only governs the investigational hearings.
• For rules governing adjudicative proceedings, consult the specific statutory or regulatory provisions that implement section 41(b)(5).

A serious injury resulting from employments covered by the Act, or other circumstances the Assistant Secretary deems appropriate, can trigger appointment of a Board of Investigation to hold an investigational hearing. See 1922.2.

• The regulation does not define every triggering fact; it gives the Assistant Secretary discretion to require a hearing when warranted during a section 41 investigation.
• Employers and workers involved in serious incidents should be prepared for the possibility of an investigational hearing under Part 1922.

The Assistant Secretary decides whether to appoint a Board of Investigation and hold an investigational hearing. See 1922.2.

• This is an executive decision made during the course of a section 41 investigation.
• Parties involved do not have an automatic right to insist on a Board; the appointment is discretionary.

These investigational hearing procedures relate to investigations made under section 41 of the Longshoremen's and Harbor Workers' Compensation Act. See 1922.2 and the Part title at 1922.

• The regulation explicitly ties the investigational hearings to that Act and its section 41 investigations.
• If you work in industries covered by that Act, these procedures may apply following certain serious injuries.

No. Part 1922 governs investigational hearings specifically during investigations made under section 41 of the Longshoremen's and Harbor Workers' Compensation Act and does not expand coverage beyond that Act. See 1922.2 and the Part title at 1922.

• The Part sets procedure for hearings related to that statutory framework, not to create broader employer or worker coverage outside the Act.
• Questions about whether a particular employment is covered should be resolved under the Act itself.

Yes. While investigational hearings may be appointed whenever a serious injury results, the Assistant Secretary may also appoint a Board of Investigation and hold a hearing whenever it is otherwise appropriate. See 1922.2.

• The regulation gives the Assistant Secretary discretion to require hearings in circumstances beyond strictly defined "serious injuries."
• This allows flexibility to investigate other matters during a section 41 investigation when warranted by the facts.

No. 1922.2 states the Assistant Secretary may appoint a Board of Investigation but does not specify who will sit on the Board or the selection process. See 1922.2.

• Details about Board composition and appointment procedures, if any, would be found in other sections of Part 1922 or in agency practice documents.
• For procedural specifics, consult the rest of Part 1922 at 1922.

The regulation does not limit investigational hearings to on-site incidents; it authorizes hearings whenever a serious injury results from employments covered by the Act or when otherwise appropriate. See 1922.2.

• The key criterion is that the injury arises from employments covered by the Act or that circumstances warrant a hearing during a section 41 investigation.
• Whether the incident occurred on-site or off-site is not specified in 1922.2; applicability depends on the facts and coverage under the Act.

No. An investigational hearing is not mandatory for every section 41 investigation; the Assistant Secretary may appoint a Board of Investigation when a serious injury occurs or when otherwise appropriate. See 1922.2.

• The regulation gives discretion to the Assistant Secretary; many investigations may proceed without a formal investigational hearing.
• Parties should prepare for the possibility of a hearing in serious cases but understand it is not automatic.

Part 1922 governs the manner in which investigational hearings under section 41 of the Act are to be conducted but explicitly excludes adjudicative proceedings under section 41(b)(5). See 1922.2 and the Part heading at 1922.

• "Manner" refers to procedural rules for investigational hearings covered by the Part.
• If you need guidance on adjudicative hearings under section 41(b)(5), those are governed separately and not by Part 1922.

No. 1922.2 describes when the Assistant Secretary may appoint a Board of Investigation and that the Part prescribes hearing procedures; it does not list immediate employer or worker duties after a serious injury. See 1922.2.

• Employers should still follow any statutory reporting, recordkeeping, and emergency response obligations found elsewhere in the Act or OSHA regulations.
• Consult other applicable OSHA standards and the Longshoremen's and Harbor Workers' Compensation Act for specific employer and worker responsibilities.

The full rules are contained in Part 1922 of the regulations, which you can access starting at 1922 and the specific purpose and scope at 1922.2.

• Use the Part 1922 table of contents to locate sections covering notice, testimony, evidence, and other procedural matters for investigational hearings.
• If you need guidance on a particular procedural point, identify the specific subsection of Part 1922 that addresses it.