Transcript of testimony procedures

Yes. Under 2200.66(a), hearings must be transcribed verbatim, and a copy of the transcript duly certified by the reporter must be filed with the Judge before whom the matter was heard.

• The rule requires a verbatim (word-for-word) transcript.
• The transcript must be certified by the reporter and filed with the hearing Judge as the official record.

Reference: 2200.66(a).

The Commission pays reporters' fees and the cost of copies it receives, while each party must pay for its own copy. Specifically, 2200.66(b) states the Commission shall bear all expenses for court reporters' fees and for copies of the hearing transcript received by it, and that each party is responsible for securing and paying for its copy of the transcript.

• Commission covers reporter fees and only the copies it receives.
• Parties must obtain and pay for their own copies.

Reference: 2200.66(b).

No. Under 2200.66(b), the Commission pays for the court reporter's fees and for copies of the transcript that it receives, but each party is responsible for securing and paying for its own copy.

• The regulation does not authorize the Commission to pay for parties’ personal copies beyond the copies the Commission itself receives.

Reference: 2200.66(b).

Any party can move, the parties can move jointly, or the Judge may act on the Judge's own motion. 2200.66(c) authorizes the Judge to correct transcript errors on the Judge’s own motion, on a joint motion by the parties, or on motion by any party.

• All three avenues are expressly allowed: Judge-initiated, joint party motion, or single-party motion.
• The correction process must follow the procedural requirements in 2200.40.

References: 2200.66(c) and 2200.40.

The motion must state the error and the correction and must conform to the procedural rules in [2200.40]. Specifically, 2200.66(c) requires that the motion state the error in the transcript and the correction to be made, and that the motion conform to 2200.40.

• Include a clear identification of the error and the exact proposed correction.
• Draft and file the motion following the form and service rules described in 2200.40.

References: 2200.66(c) and 2200.40.

The official transcript must reflect the corrections. 2200.66(c) states that the official transcript shall reflect the corrections made to it.

• Once the Judge orders corrections (by any authorized motion or on the Judge’s own motion), the official record is updated to include those corrections.

Reference: 2200.66(c).

Yes. 2200.66(a) requires that a copy of the transcript, duly certified by the reporter, be filed with the Judge before whom the matter was heard.

• "Duly certified by the reporter" means the transcript submitted as the official copy should carry the reporter’s certification as required by the reporter’s practices.
• The certified transcript is the copy the Judge will have on file as the record of the hearing.

Reference: 2200.66(a).

Each party is responsible for securing and paying for its own copy of the transcript. 2200.66(b) specifies that each party must obtain and pay for its own copy of the hearing transcript.

• The Commission pays for the reporter's fees and the copies it receives, but not for parties’ personal copies.

Reference: 2200.66(b).

A single party may file a motion; it does not have to be joint. 2200.66(c) allows correction "on joint motion by the parties, or on motion by any party," so a single party’s motion is permitted.

• A correction can also be made on the Judge’s own motion.

Reference: 2200.66(c).

The procedural rules are in 2200.40, and 2200.66(c) explicitly requires motions to correct the transcript to conform to those rules.

• Consult 2200.40 for filing format, service, timing, and other procedural requirements for motions.

References: 2200.66(c) and 2200.40.

No; not all settlement agreements are posted, and employers generally cannot require that a settlement agreement be kept off public disclosure. The OSHA letter of interpretation of September 27, 2004 (OSHA website citation postings) explains that OSHA posts major settlement agreements on its web site but that the vast majority of settlement agreements are not put on the web site; however, those agreements remain subject to disclosure under the Freedom of Information Act (FOIA). The letter also notes that the rules at 29 CFR 2200.100(c) provide that settlement agreements shall be posted in the same manner that employers are required to post citations and notices of contest. See OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• Major agreements are publicly posted; most other settlement agreements are not routinely posted online but can be disclosed under FOIA.
• Employers should not expect categorical confidentiality for settlement agreements; FOIA and Commission posting rules may require disclosure.

Reference: OSHA Letter of Interpretation, September 27, 2004 (https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0) and 2200.

No further motion by the parties is required if the Judge corrects the transcript on the Judge’s own motion. 2200.66(c) allows the Judge to correct errors on the Judge’s own motion, and it specifies that the official transcript shall reflect those corrections.

• The Judge’s order to correct is sufficient to update the official transcript without a party-initiated motion.

Reference: 2200.66(c).

The motion must specifically state the error and the correction to be made. 2200.66(c) requires the motion to state the error in the transcript and the correction to be made, so a general or vague request will not meet the rule’s requirement.

• Provide the exact portion of the transcript you allege is erroneous and the precise wording you request in the correction.

Reference: 2200.66(c).