C.F.R. » Title 29 » CHAPTER XX—OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION › PART 2200—RULES OF PROCEDURE › Subpart E—Hearings

29 C.F.R. § 2200.72

Objections

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(a) Statement of objection. Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence or a ruling by the Judge, may be stated orally or in writing, accompanied by a short statement of the grounds for the objection, and shall be included in the record. No such objection shall be deemed waived by further participation in the hearing.

(b) Offer of proof. Whenever evidence is excluded from the record, the party offering such evidence may make an offer of proof, which shall be included in the record of the proceeding.

(c) Once the Judge rules definitively on the record—either before or at the hearing—a party need not renew an objection or offer of proof to preserve a claim of error for appeal.

Notes of Decisions
Cited in 2 cases, 1975–1986 · leading case: Smith Steel Casting Co. v. William E. Brock, Sec'y of Labor, 800 F.2d 1329 (5th Cir. 1986).
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Smith Steel Casting Co. v. William E. Brock, Sec'y of Labor, 800 F.2d 1329 (5th Cir. 1986). · cites it 3× “Accordingly, OSHRC has promulgated 29 C.F.R. § 2200.72 , which provides: “Hearings before the Commission and its judges shall be in accordance with section 554 of Title 5 U.”
Atlas Roofing Co., Inc. v. Occupational Saf. & Health Review Comm'n, United States Dep't Oflabor, 518 F.2d 990 (5th Cir. 1975). · cites it 2× “§ 661(i) and 29 C.F.R. § 2200.72 (1973). Hearing examiner; determination; report as final order of Commission (i) A hearing examiner appointed by the Commission shall hear, and make a determination upon, any proceeding instituted before the Commission and any motion in…”
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