Chapter 3.3. Occupational Safety and Health Appeals Board

Article 3. Prehearing Procedure Discovery, and Motions

§372.1. Access to Documents.

After initiation of a proceeding and prior to the hearing, a party, upon written request made to another party, is entitled to inspect and make a copy of any of the following in the possession or custody or under the control of the other party:

(a) Any statements of parties or witnesses relating to the subject matter of the proceeding;

(b) All writings or things which the party then proposes to offer in evidence;

(c) Any other writing or thing which is relevant and which would be admissible in evidence;

(d) Inspection and investigative reports made by or on behalf of the Division or other party pertaining to the subject matter of the proceeding, to the extent that such reports

(1) Contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis of the proceeding, or

(2) Reflect matters perceived by the Division in the course of its inspection, investigation or survey, or

(3) Contain or include by attachment any statement or writing described in (a) to (c), inclusive, or summary thereof.

(e) For the purpose of this section, “statements” include written statements by the person, signed or otherwise authenticated, stenographic, mechanical, electrical or other recordings or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements.

(f) Nothing in this Section requires the disclosure of the identity of a person who submitted a complaint regarding an unsafe condition in an employment or place of employment unless that person requests otherwise. Nothing in this section authorizes the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as attorney's work product.

(g) Parties shall arrange a mutually convenient time for inspecting and copying the writings or things within 30 days of service of the written request. Unless other arrangements are made, the party requesting the writings must pay for the copying.

(h) Within 30 days of service of the written request, a party claiming that certain writings or things are privileged against disclosure shall serve on the requesting party a written statement setting forth what matters are claimed to be privileged and the reasons therefor.

NOTE: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Section 11507.6, Government Code; and Sections 148.7, 149.5, 6309, 6322 and 6603(a), Labor Code.

HISTORY

1. Change without regulatory effect of subsection (e) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of introductory paragraph, subsections (f)-(h) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).