- Part Number:2200
- Part Number Title:OSHA Review Commission
- Subpart:2200 Subpart A
- Subpart Title:General Provisions
- Standard Number:
- Title:References to cases.
- GPO Source:
"Citing decisions by Commission and Judges" --
"Generally." Parties citing decisions by the Commission should include in the citation the name of the employer, a citation to either the Bureau of National Affairs' Occupational Safety and Health Cases ("BNA OSHC") or Commerce Clearing House's Occupational Safety and Health Decisions ("CCH OSHD"), the OSHRC docket number and the year of the decision. For example, Clement Food Co., 11 BNA OSHC 2120 (No. 80-607, 1984).
"Parenthetical statements." When citing the decision of a Judge, the digest of an opinion, or the opinion of a single Commissioner, a parenthetical statement to that effect should be included. For example, Rust Engineering Co., 1984 CCH OSHD paragraph 27,023 (No. 79-2090, 1984) (view of Chairman ___________), vacating direction for review of 1980 CCH OSHD paragraph 24,269 (1980)(ALJ)(digest).
"Additional reference to OSAHRC Reports optional". A parallel reference to the Commission's official reporter, OSAHRC Reports, which prints the full text of all Commission and Judges' decisions in microfiche form, may also be included. For example, Texaco, Inc., 80 OSAHRC 74/B1, 8 BNA OSHC 1758 (No. 77-3040, 1980). See generally 29 CFR 2201.4(c) (on OSAHRC Reports).
"References to court decisions" --
"Parallel references to BNA and CCH reporters." When citing a court decision, a parallel reference to either the Bureau of National Affairs' Occupational Safety and Health Cases ("BNA OSHC") or Commerce Clearing House's Occupational Safety and Health Decisions ("CCH OSHD") is desirable. For example, Simplex Time Recorder Co. v. Secretary of Labor, 766 F.2d 575, 12 BNA OSHC 1401(D.C. Cir. 1985); Dairying Milliken, Inc. v. OSHRC, 630 F.2d 1094, 1980 CCH OSHD paragraph 24,991 (5th Cir. 1980).
"Name of employer to be indicated." When a court decision is cited in which the first-listed party on each side is either the Secretary of Labor (or the name of a particular Secretary of Labor), the Commission, or a labor union, the citation should include in parenthesis the name of the employer in the Commission proceeding. For example, Donovan v. Allied Industrial Workers (Archer Daniels Midland Co.) 760 F.2d 783, 12 BNA OSHC 1310 (7th Cir. 1985); Donovan v. OSHRC (Mobil Oil Corp.) 713 F.2d 918, 1983 CCH OSHD paragraph 26,627 (2d Cir. 1983).
[51 FR 32015, Sept. 8, 1986; 52 FR 13831, Apr. 27, 1987]