Disclosure to employer.
Within 12 working days after a case is designated for E-Z Trial, the Secretary shall provide the employer, free of charge, copies of the narrative (Form OSHA 1-A) and the worksheet (Form OSHA 1-B), or their equivalents.
Within 30 calendar days after a case is designated for E-Z Trial, the Secretary shall provide the employer with reproductions of any photographs or videotapes that the Secretary anticipates using at the hearing.
Within 30 calendar days after a case is designated for E-Z
Trial, the Secretary shall provide to the employer any exculpatory
evidence in the Secretary's possession.
The Judge shall act expeditiously on any claim by the employer
that the Secretary improperly withheld or redacted any portion of the
documents, photographs, or videotapes on the grounds of confidentiality
Disclosure to the Secretary. Where the employer raises an affirmative defense, the presiding Judge
shall order the employer to disclose to the Secretary such documents relevant to the affirmative defense as the Judge deems appropriate.
[60 FR 41805, Aug. 14, 1995; 62 FR 40933, July 31, 1997]