Survey of Participants in OSHRC Settlement Program

Survey of Participants in OSHRC Settlement Program
This is a voluntary survey of participants regarding their experiences with the United States Occupational Safety
and Health Review Commission (OSHRC) Settlement program. This survey is being conducted by Indiana
University on behalf of OSHRC.
The survey is designed to take as little of your time as possible. We estimate that it should take about 30
minutes. However, if you prefer you can add your own comments at the end of the questionnaire. Skip any
questions you do not feel comfortable answering. Your responses will be kept strictly confidential.
Please complete the survey in the next week. Once you have finished, place the completed questionnaire in the
enclosed postage-paid return envelope and mail it to us. If you have any questions, please contact Deanna
Malatesta, Indiana University Purdue University-Indianapolis, School of Public and Environmental Affairs, at
telephone (317) 274-0876 or by email at [email protected]. Thank you for your participation in this very
important study.
1. Which of the following best describes your role in your recent Settlement Part case?







Representative of Employer (Non-Attorney)
Representative of Employer (Attorney)
Solicitor for Department of Labor
Authorized Employee Representative (Union)
Attorney for Authorized Employee Representative
Other: ____________________________

2. What OSHRC programs have you participated in? (Check all that apply.)
 Simplified Proceedings (formerly called EZ Trial)
If so, how many times?  one time  2-5 times more than 5 times
 Conventional Case settled through Mandatory Settlement Part
If so, how many times?  one time  2-5 times more than 5 times
 Conventional Case(s) resolved with Hearing
If so, how many times?  one time  2-5 times more than 5 times
3. Please describe your most recent case at Settlement Part. (Check all that apply.)
 Disagreement that OSHA violation(s) actually occurred
 Dispute about the fine amount(s)
 Dispute about the abatement period
 Dispute about OSHA’s characterization of the violations as willful, repeat, or serious
 Other: ___________________________________

4. Did you have a settlement conference on your recent case where you appeared in person before a settlement
judge?
 no  yes

4 (a). If yes, how many times did you meet in person with the settlement judge?
 only 1

 2-5

 more than 5

5. About how many times did you communicate with the settlement judge during the settlement process?
 only 1

 2-5

 more than 5

6. At what point was your case resolved? (If you had more than one case over the past year, please focus on
your most recent case.)
 Prior to a settlement conference
 After the conclusion of the settlement conference but before a trial was scheduled
 After the conclusion of the settlement conference, after a trial was scheduled but before the start of a trial
 During the course of a trial on the merits
 After a trial on the merits

6 (a). If your case was settled without a trial on the merits do you think the
case would have required more or less time if it went to a trial on the merits
before a trial judge without first passing through the settlement process? Please
explain.

7. In your opinion, is the time at which any in-person settlement conference occurs within the life of the case:
 too early
 a little early
 just right
 a little late
 too late
 not applicable to my experience

8. In your opinion, does information exchange in advance of any in-person settlement conference begin:
 too early
 a little early
 just right
 a little late
 too late
 not applicable to my experience
9. In your opinion, does information exchange (discovery) during the in-person settlement conference begin:
 too early
 a little early
 just right
 a little late
 too late
 not applicable to my experience
The following questions focus on your satisfaction with various aspects of OSHRC’s Settlement Program.
If you have had more than one previous case before OSHRC, please focus on your most recent case in
your responses.
Very
Satisfied

Satisfied

Neutral

Dissatisfied

Very
Dissatisfied

10. How satisfied were you with the
level of control you had over the
process?











11. How satisfied were you with the
process overall?











Very
Satisfied

Satisfied

Neutral

Dissatisfied

Very
Dissatisfied











13. How satisfied were you with fairness
of Settlement Part outcomes?











14. How satisfied were you with the
overall outcome of the case?











Please indicate your level of satisfaction with the following:

12. How satisfied were you with the
level of respect with which you were
treated during the Settlement Part
processes?

15. How satisfied were you with the
length of time it took to resolve the case?

Very
Satisfied

Satisfied

Neutral

Dissatisfied

Very
Dissatisfied











If you were dissatisfied
with how long it took to
resolve, what factors in
your opinion contributed
to any delays?
[Place comments anywhere in this box]

Do you agree or disagree with the following statements:

16. OSHRC’s rules of procedure are
easy to understand.
17. I think the scheduling of
conferences, motions, and other matters
was prompt.
18. The judge should have discretion to
suspend discovery during the settlement
process.
19. The amount of information
exchanged in the case was appropriate
given the facts/ nature of the case.
20. I was able to participate in the
process fully as needed.
21. This case would probably not have
settled without the help of the judge.
22. I think the case would have required
more time if a trial on the merits was
held.
23. I would have preferred a trial over a
mandatory settlement conference.

Strongly
Agree

Agree

Neutral

Disagree

Strongly
Disagree

















































































THANK YOU FOR YOUR PARTICIPATION IN THIS STUDY. USE THE SPACE BELOW TO
SHARE ANY ADDITIONAL COMMENTS. PLEASE PLACE THE COMPLETED QUESTIONNAIRE
IN THE ENCLOSED POSTAGE-PAID RETURN ENVELOPE AND MAIL IT TO US.