The purpose of the E-Z Trial subpart is to provide simplified procedures for resolving contests under
the Occupational Safety and Health Act of 1970, so that parties before the Commission may reduce the time and expense of litigation while being
assured due process and a hearing that meets the requirements of the Administrative Procedure Act, 5 U.S.C. 554. These procedural rules will be
applied to accomplish this purpose.
Procedures under this subpart are simplified in a number of ways. The major differences between these
procedures and those provided in subparts A through G of the Commission's rules of procedure are as follows.
Complaints and answers are not required.
Pleadings generally are not required. Early discussions among the parties and the Administrative Law
Judge are required to narrow and define the disputes between the parties.
The Secretary is required to provide the employer with certain informational documents early in the
Discovery is not permitted except as ordered by the Administrative Law Judge.
Interlocutory appeals are not permitted.
Hearings are less formal. The Federal Rules of Evidence do not apply. Instead of briefs, the parties
will argue their case orally before the Judge at the conclusion of the hearing. In many instances, the Judge will render his or her decision from the
[47 FR 29527, July 7, 1982, as amended at 57 FR 41688, Sept. 11, 1992; 60 FR 41805, Aug. 14, 1995]