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

§ 346.1. Validity of Scanned Documents.

(a) When the Appeals Board scans a document in the OASIS file, the scanned document shall be deemed identical to the original document.

(b) The following differences in the scanned document do not preclude it from being deemed identical to the original document:

(1) The physical dimensions of a scanned document may be slightly different than the original;

(2) The Appeals Board's scanning process may affix to the scanned document a bar code, unique number, or any other marking necessary to scan or index the document.

(c) If a party, intervenor, obligor or their representatives contest the validity of a scanned document, the party, intervenor, obligor, or their representatives has the burden of proof to show good cause why the contested document should be excluded as evidence pursuant to the following criteria:

(1) Excepting the changes to a scanned document identified in subsection (b), the party or participant contesting the validity of the scanned document shall prove by a preponderance of the evidence that the document's content has been materially altered after it has been scanned; and

(2) The party or participant contesting the validity of the scanned document shall prove by a preponderance of the evidence that the changes to the document render the changed document unreliable as evidence.

(d) Prior to being scanned into the hearing record, documents and photographs that are used as hearing exhibits may be altered during the course of the hearing for demonstrative purposes. Witnesses may mark photographs or other exhibits to identify a physical location or to illustrate a clarifying point. The marked or altered document and the original unmarked document may both be entered into evidence if in the discretion of the Administrative Law Judge entering both documents into evidence is necessary for the maintenance of a clear record.

(e) Nothing in this section abrogates the responsibility of parties to authenticate documents at hearing for the purpose of entering them into evidence.

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).