Appealing Cal/OSHA Citations: A Board Member’s Perspective Judith S. Freyman Management Member Cal/OSHA Appeals Board
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Appealing Cal/OSHA Citations:
A Board Member’s Perspective
Judith S. Freyman
Management Member
Cal/OSHA Appeals Board
Appeals Board Profile
History and Organization
Current Members:
Judi Freyman Management
Art Carter Labor
Ed Lowry Public
Dynamics of the Appointment Process
Political Climate
Appeals Board Profile
Appeals Board Process At-a-Glance
Filing Appeal
Expedited Hearings:
unabated serious, willful and repeat citations
Pre-hearing Conference and
Settlement
Appeals Board Process At-a-Glance
Hearing and Decision
Petition for Reconsideration
Decision After Reconsideration (DAR)
Writ of Mandate
The Facts of the Matter
2113 cases appealed in 2014
1251 cases with serious citations
139 expedited abatement proceedings
233 days average appeal duration
60-70% of employers not represented
by attorneys
More than 90% of cases settled before
hearing
Case Review: A Personal Focus
Due process for employers
Advancement of OSH in CA workplaces
Clear guidance for compliance
Appreciation for DOSH enforcement
challenges
Case Review: A Personal Focus
Practical solutions to address workplace
realities
Decisions should not supplant rulemaking
Consensus is the goal
Maximizing Your Appeal
Administrative Law Judge Observations
o Agree to uncontested facts or legal conclusions
o Concentrate on the issues, not the personalities
o Organize documents for presentation
o Ask the judge if you don’t know
how to do something at the hearing
Maximizing Your Appeal
Administrative Law Judge Observations
o Assist the judge in understanding the evidence
o Assume the judge has no expertise about the subject
o Prepare your witnesses: they should speak slowly, clearly and concisely
o Calmly state your objections
Maximizing Your Appeal
Board Member observations
o Show a commitment to OSH: robust safety program
o Promptly abate hazards
o Invest in the process
o Get knowledgeable and competent representation
o Be forthcoming
Recent Developments
Expedited Abatement Program:
results to date
Electronic update of
appeals process (OASIS)
Proposed revised rules of practice and
procedure
Recent Developments
Mandatory In-Person Settlement
Conference: pilot program
New approach for
resolving general
and regulatory
violations
Notable Decisions
BART Superior Court Case:
amendment of citations
Staffchex: dual employer doctrine
Harris Construction: due diligence for
controlling employers
Section 342(a) Cases: timely reporting
of fatalities and serious injuries
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