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OSHA 1922.5

Notice of investigational hearings

16 Questions & Answers

Questions & Answers

Under 1922.5, who must give notice of investigational hearings?

The Chairman of the Board must give notice of investigational hearings. The rule in 1922.5 states that "The Chairman of the Board shall give reasonable notice of the time and place of any investigational hearing...".

Under 1922.5, what information must the notice of an investigational hearing include?

The notice must give reasonable notice of the time and place of the investigational hearing. The text of 1922.5 requires the Chairman to give reasonable notice of the time and place of any investigational hearing, but it does not list additional required contents.

Under 1922.5, who must receive notice of investigational hearings?

Notice must be given to any person whose conduct is or may be pertinent to the subjects of investigation, to any prospective witnesses, and to any Federal or State agency engaged in similar investigative work. This list of recipients is stated directly in 1922.5.

Under 1922.5, does the rule require notice to people whose involvement is only possibly relevant?

Yes — the rule requires notice to persons whose conduct "is or may be pertinent" to the subjects of investigation. 1922.5 uses the phrase "is or may be pertinent," which includes those whose involvement is uncertain.

Under 1922.5, must prospective witnesses always be notified of investigational hearings?

Yes — prospective witnesses must be given reasonable notice of the time and place of investigational hearings. The requirement to notify "prospective witnesses" appears explicitly in 1922.5.

Under 1922.5, are Federal and State agencies required to be notified of investigational hearings?

Yes — any Federal or State agency engaged in similar investigative work must be given reasonable notice of investigational hearings. This is specified in 1922.5.

Under 1922.5, does the regulation define what "reasonable notice" means?

No — 1922.5 requires "reasonable notice" but does not define a specific timeframe or method for that notice. The text of 1922.5 uses the term without specifying exact parameters.

Under 1922.5, must the notice state the subjects of the investigation?

No — 1922.5 requires reasonable notice of the time and place of an investigational hearing but does not require that the notice state the subjects of the investigation. The section reads that the Chairman shall give reasonable notice "of the time and place of any investigational hearing" to listed recipients, without requiring the subjects to be specified in the notice (1922.5).

Under 1922.5, who qualifies as a "person whose conduct is ... pertinent" and does the rule define that phrase?

The rule requires notice to any person whose conduct "is or may be pertinent," but 1922.5 does not define that phrase. The requirement to notify such persons is stated in 1922.5, and the section itself does not provide a definition for who exactly qualifies.

Under 1922.5, does the Chairman have to notify private individuals and private companies?

Yes — the term "any person" in 1922.5 covers private individuals and organizations, so they must be given reasonable notice if their conduct is or may be pertinent. The text of 1922.5 requires notice to "any person whose conduct is or may be pertinent" without limiting the category to government entities.

Under 1922.5, does the regulation specify how notice must be delivered (for example, by mail or in person)?

No — 1922.5 requires reasonable notice but does not specify the method of delivery. The section simply states the Chairman "shall give reasonable notice of the time and place of any investigational hearing" without prescribing how that notice must be sent (1922.5).

Under 1922.5, what does the regulation say about the location of investigational hearings?

The regulation requires that reasonable notice include the place of the investigational hearing, but it does not set rules about where hearings must be held. 1922.5 specifically requires reasonable notice "of the time and place of any investigational hearing."

Under 1922.5, are there consequences listed if the Chairman fails to provide the required notice?

No — 1922.5 does not describe consequences or remedies if notice is not given. The section simply states the notice requirement; it does not include enforcement steps or sanctions for failure to provide notice (1922.5).

Under 1922.5, is the duty to give notice limited to subjects under the Longshoremen's and Harbor Workers' Compensation Act?

Yes — 1922.5 is part of Part 1922, which governs investigational hearings under Section 41 of the Longshoremen's and Harbor Workers' Compensation Act, and the notice requirement applies within that framework. See the Part 1922 title at 1922 and the specific notice text in 1922.5.

Under 1922.5, can the Chairman delegate the duty to give notice to another official?

1922.5 requires that "The Chairman of the Board shall give reasonable notice," but the section does not say whether that duty may be delegated. The text of 1922.5 states the duty without addressing delegation.

Under 1922.5, where can I read the official text of the notice requirement?

You can read the official text of the notice requirement in 1922.5. The section is also located within Part 1922, which you can view at 1922.