Survey of Participants in OSHRC Conventional Proceedings

OMB Control No. __________
Expiration date: __/__/____*

Survey of Participants in OSHRC Conventional Proceedings
This is a voluntary survey of participants regarding their experiences with the United States Occupational Safety
and Health Review Commission (OSHRC) programs. This survey is 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
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 most recent OSHRC Conventional Case?
 Representative of Employer (Non-Attorney)
 Attorney for 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 Proceeding (s) (formerly called EZ Trial)
If so, how many times?  one time  2-5 times more than 5 times
 Conventional Case (s) settled through Mandatory Settlement Part
If so, how many times?  one time  2-5 times more than 5 times
 Conventional Case(s) resolved with a Trial
If so, how many times?  one time  2-5 times more than 5 times
 Conventional Case(s) resolved without a Trial
If so, how many times?  one time  2-5 times more than 5 times
3. Please describe your most recent Conventional (Non-Simplified) case. (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: ___________________________________

_______________________________________________________________________________________
*Public Burden Statement: According to the Paperwork Reduction Act of 1995, no person is required
to respond to this collection of information unless it displays a currently valid control number assigned
by the Office of Management and Budget (OMB).

4(a). About how many times did you communicate orally with the Judge during the litigation process before
trial?
 never

 only 1

 2-5

 more than 5

4(b). About how many times did you communicate in written form with the Judge during the litigation process
before trial?
 never

 only 1

 2-5

 more than 5

5. 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):
 Before a trial on the merits was scheduled
 After a trial on the merits was scheduled, but before the trial began
 During the course of a trial on the merits
 After a trial on the merits
6. Do you think your case should have settled sooner than it did?
 no  yes
If yes, please explain

7. In your opinion, does information exchange (discovery) in advance of any trial begin:
 too early
 a little early
 just right
 a little late
 too late
 not applicable to my experience
8. In your opinion, does information exchange (discovery) in advance of any trial end:
 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 Conventional processes.
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

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10. How satisfied were you with the
fairness of the process?

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11. How satisfied were you with the
process overall?

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

Please indicate your level of satisfaction with the following:
Very
Satisfied

Satisfied

Neutral

Dissatisfied

Very
Dissatisfied

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13. How satisfied were you with
fairness of outcome?

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

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

Do you agree or disagree with the following statements:
Strongly
Agree

Agree

Neutral

Disagree

Strongly
Disagree

15. OSHRC’s rules of procedure are easy
to understand.



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16. I think the scheduling of conferences
and other matters was prompt.



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18. I was able to adequately present and
defend my position.

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19. The case probably would have settled
earlier with the help of a judge.

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17. The amount of information
exchanged in the case was appropriate
given the facts/ nature of the case.

20. I would have preferred engaging in
formal settlement processes before a
settlement judge.

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.