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The Appeals Board's New Voice
December 8, 2008
Issue 29
If you saw the musical "You're a Good Man, Charlie Brown", you'll remember when Charlie's sister Sally (played by Kristen Chenowith in the Broadway revival) learns the power of "no". She starts low with "no", builds to "No", and finally belts out "NO!" with a stamp of her foot. She listens to the echo of her voice and giggles "I LIKE it!"
We've been thinking of Sally a lot while reading the steady stream of denials coming from the Cal/OSHA Appeals Board over the past months.
Looking to reinstate your appeal because you...
... never received the hearing notice?
"NO!"
... forgot to advise the Board of your new address?
"NO!"
... forgot to attach copies of the citations to the appeal forms?
"NO!"
Did you fail to file your appeal or petition on time because...
... your office staff was sick?
"NO!"
. . . you were on emergency leave?
"NO!"
. . . the filing instructions were confusing?
"NO!"
. . . you thought you had a settlement with the Division?
"NO!"
. . . your mother, who's also your office manager, doesn't read English well?
"NO!"
Did you forget to verify your petition for reconsideration?
"NO!"
Did you lose at the hearing because you didn't subpoena a friendly witness, who promised to attend but didn't?
"NO!"
From a high of 3,752 appeals in 2005, hard work and the power of No has reduced the Appeals Board's backlog to less than 600. Over the same period the time needed to process an appeal from filing to resolution has dropped from 18 months and longer to around 10 months.
"I LIKE it!"
Once known as an easy-going, appellant-friendly agency, the Board is becoming as strict on procedure as the superior courts. And for the same reasons: To provide even-handed administration of justice to all, and to filter out cases from their workload, thus preserving their resources. Besides, why write rules if you're not going to enforce them?
The message to employers is clear: If you want to be in the game, you have to learn the rules. The place to start is to read the Cal/OSH Appeals Board's procedural regulations. Then read them again and bookmark the site for future reference.
And you can expect the Board to tighten down even more next year as it copes with a reduced budget, continuing oversight from Fed/OSHA and criticism from the "regulated community." For example, the Board is currently designing a pilot project to place abatement issues on a fast track with the goal of resolving them within three to four months of filing.
If you are interested in learning more about how the Board works, and how it intends to cope with budget cuts and to accelerate the resolution of appeals, you can attend the Board's first ever advisory committee meeting on February 5th in Sacramento. To be added to their notice list, contact the Appeals Board directly, or e-mail us at info@walterprincelaw.com for more information.
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