Chapter 3.3. Occupational Safety and Health Appeals Board
General Criteria (See Construction Safety Orders, Title 8, CCR S 1712).

§ 346.2. Official Record and OASIS Electronic File.

(a) OASIS stores documents in electronic form. When OASIS becomes operative, the official administrative record of an appeal shall be those electronic documents and evidence stored in the OASIS electronic file, except that:

(1) Oversized, demonstrative, or other non-standard sized documentary evidence incapable of being scanned into an electronic form but admitted into evidence at a hearing shall be retained outside of OASIS pursuant to the provisions of Section 376.4 and continue to be part of the administrative record.

(b) After OASIS becomes operative, electronic filing via OASIS is preferred, but not mandatory. A ll documents submitted to the Appeals Board in a non-electronic format shall be scanned into an electronic format and placed into the corresponding electronic case file, except for documents lodged with the Appeals Board for in camera inspection.

(1) A document scanned into the OASIS case file shall have the same authenticity and evidentiary value as the original document.

(2) After being scanned into OASIS, the original document shall be retained for at least six months. Following this six-month period, the Appeals Board may destroy the original paper documents.

(c) The OASIS electronic file shall be retained and remain accessible until withdrawal of the appeal or final disposition of the proceeding. At the time of the final disposition of the proceeding, the OASIS electronic file shall be electronically archived in a retrievable format for a three-year period following the conclusion of legal proceedings. At the expiration of the three-year period, the Appeals Board shall purge and destroy the electronic file.

(d) Parties, intervenors, obligors and their representatives may file specified documents in an electronic form pursuant to Section 355.4, subsection (f). Documents filed in electronic form shall have the same legal effect as a document in paper form.

(e) The Appeals Board may electronically file any decision, findings, order, decision after reconsideration, denial of reconsideration or any other official document produced by the Appeals Board in accordance with Section 355.2. Any document that is electronically filed by the Appeals Board shall have the same legal effect as a document in paper form.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 6603, Labor Code.

HISTORY

1. New section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).