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OSHA 1922.6

Investigational hearings procedures

15 Questions & Answers

Questions & Answers

Under 1922.6, who controls the course of an investigational hearing?

Under 1922.6, the Chairman controls the course of an investigational hearing and makes rulings on procedural requests, objections, and related matters. The Chairman also confines the hearing to the matters for which the Board is responsible, and may be assisted by counsel assigned by the Solicitor of Labor (1922.6).

Under 1922.6, may the Chairman be assisted by counsel, and who assigns that counsel?

Under 1922.6, the Chairman may be assisted by counsel, and that counsel is assigned by the Solicitor of Labor. This assistance is expressly provided to help the Chairman perform duties such as ruling on procedural matters (1922.6).

Under 1922.6, what kinds of procedural matters does the Chairman handle?

Under 1922.6, the Chairman handles procedural requests, objections, and related matters, including regulating the course of the hearing and deciding what issues will be considered. In short, the Chairman manages the hearing process and determines the admissibility and handling of routine procedural disputes (1922.6).

Under 1922.6, can the Chairman limit the topics discussed at an investigational hearing?

Under 1922.6, the Chairman can confine the hearing to the matters for which the Board is responsible, meaning the Chairman may exclude topics that fall outside the Board's jurisdiction or the scope of the investigation. This keeps the hearing focused on relevant issues (1922.6).

Under 1922.6, is stenographic reporting of investigational hearings required?

Under 1922.6, stenographic reporting of investigational hearings is not required; it is discretionary. The Board may decide to have the hearing stenographically reported, but it is not automatic (1922.6).

Under 1922.6, if a hearing is stenographically reported, how can I obtain a copy of the transcript?

Under 1922.6, if a hearing is stenographically reported, copies of the transcript may be obtained under the terms the Chairman sets. You should follow whatever procedures and fees (if any) the Chairman establishes for obtaining transcripts (1922.6).

Under 1922.6, what happens if a hearing is not stenographically reported—can a transcript still be produced?

Under 1922.6, if the Board does not order a stenographic report, there will not be an official stenographic transcript to obtain; transcripts are available only when the hearing is stenographically reported. Any transcript copies are provided only when the Board has directed reporting (1922.6).

Under 1922.6, who decides requests and objections made during an investigational hearing?

Under 1922.6, the Chairman decides procedural requests and objections made during the investigational hearing. The Chairman is charged with disposing of such matters as part of regulating the hearing (1922.6).

Under 1922.6, can the Chairman impose conditions or fees to get a transcript copy?

Under 1922.6, the Chairman may set the terms under which transcript copies are obtained, which can include conditions or fees. The exact terms are at the Chairman’s discretion when a hearing has been stenographically reported (1922.6).

Under 1922.6, does the Chairman’s authority to regulate the hearing include evidentiary rulings?

Under 1922.6, the Chairman’s authority to regulate the course of the hearing includes handling procedural requests and objections, which covers routine evidentiary and procedural rulings needed to keep the hearing on track. The Chairman’s role is to manage and decide on those matters for which the Board is responsible (1922.6).

Under 1922.6, may the Board decide not to have reporting even if a party requests a stenographic record?

Under 1922.6, the decision to have a hearing stenographically reported rests with the Board’s discretion, so the Board may decline to order stenographic reporting even if a party requests it. If the Board does not order reporting, no official stenographic transcript will be produced (1922.6).

Under 1922.6, may counsel assigned by the Solicitor of Labor speak or act independently of the Chairman?

Under 1922.6, counsel assigned by the Solicitor of Labor assist the Chairman in performing the Chairman’s duties; the regulation frames the assistance as support to the Chairman rather than independent decision-making authority. The Chairman remains responsible for regulating the hearing and disposing of procedural matters (1922.6).

Under 1922.6, what does it mean to "dispose of related matters" during an investigational hearing?

Under 1922.6, "dispose of related matters" means the Chairman has authority to resolve issues closely tied to running the hearing—such as scheduling, limiting testimony to relevant subjects, ruling on objections, and other procedural questions necessary to conduct the hearing efficiently. The Chairman performs these duties as part of regulating the hearing (1922.6).

Under 1922.6, how should participants prepare if the Chairman may limit the hearing’s scope?

Under 1922.6, participants should prepare to focus testimony and evidence on the matters for which the Board has responsibility, because the Chairman can confine the hearing’s scope to those issues. Prepare clear statements of relevance and be ready to justify inclusion of topics or exhibits to avoid exclusion (1922.6).

Under 1922.6, who is responsible for providing the stenographic reporter if the Board orders reporting?

Under 1922.6, the regulation states hearings may be stenographically reported at the Board’s discretion but does not specify who provides the reporter; logistical details and terms for obtaining transcripts are handled under the Chairman’s directions. For the governing authority and procedures, follow the Chairman’s instructions when reporting is ordered (1922.6).