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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
(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
(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,
(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
(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),
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).
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