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JUDGE CHRISTOPHER D. HELMS

UNITED STATES OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

United States Customs House 

721 Nineteenth Street, Suite 407 

Denver, CO 80202-2517 

Telephone: (303) 844-3409 

FAX: (303) 844-3759

PRACTICE STANDARDS

The following guide is applicable to most cases. However, parties must comply with 

specific orders issued in individual cases, as the circumstances of a case may require deviation 

from standard procedures.

I. Applicable Rules

All parties and party representatives in a conventional case must comply with: 

1. Commission Rules of Procedure (www.oshrc.gov/procrules/index.html); 

2. Federal Rules of Civil Procedure (see Commission Rule 2(b)); 

3. Federal Rules of Evidence (see Commission Rule 71); 

4. (if E-Filing) the OSHRC E-Filing Instructions and User Guide; and 

5. The provisions of this Practice Guide. 

All attorneys appearing before the Court must also comply with applicable ethics 

rules and codes of professional responsibility.

II. Communication with Chambers

A. For questions about minor, routine, non-substantive issues, my Legal Assistant, 

Kate Sydney, can be contacted at 303-844-2284. 

B. The Court permits telephonic or informal written contact concerning 

administrative, scheduling and other non-substantive, routine matters. My legal 

assistant may be contacted for information about the status of a motion or other 

document, or for information about courtroom technology, trial preparation, or 

submission of trial exhibits. 

C. All other communications with the Court should be made by the filing of 

pleadings, motions, briefs or legal memoranda, copied to the opposing party. 

D. Under no circumstances may any party or counsel communicate ex parte with the 

Court’s office staff regarding substantive matters. The Court’s office staff has no 

authority to render legal advice or grant continuances or any other relief.
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III. Filing of Documents – eFiling

OSHRC has implemented a nationwide electronic filing system (EFS) pursuant to 

Commission Rule 8(g). Represented parties and intervenors must file all documents, 

except for confidential and privileged documents, electronically in the Commission’s 

EFS. Self-represented parties (pro se parties) and intervenors may choose to file 

electronically.

In order to use EFS, e-filers must first register within the system. To register, access 

the link at www.oshrc.gov. Instructions for the EFS are also posted on the OSHRC 

website. Once registered, e-filers must enter an appearance and then they will 

subsequently be able to file and receive pleadings electronically. In addition, parties

may designate additional individuals who are authorized to receive notice of case 

filings and activity. The primary party must file a separate pleading entitled 

“Designation of Authorized Individuals for E-Filing system Notification” in which 

the authorized individuals are clearly identified by name, address, phone, and email 

address. All persons designated to receive notice of case filings and activity must be a 

registered user within the EFS. All parties have a continuing obligation to update 

service and registration information pursuant to Commission Rule 6.

IV. Motions to Continue Conference, Hearing or Trial 

Motions to continue (including motions to vacate or reset) conferences, hearings and 

trials, will be determined pursuant to Commission Rule 62, require good cause and 

shall be filed within the timeframes set forth in the Scheduling Order. Uncontested or 

joint motions for continuance are not effective until approved by the Court. When 

requesting a continuance to reschedule a conference, hearing or trial, the parties shall 

provide: (i) three alternative dates for the Court to consider; (ii) the specific grounds 

for the request; (iii) the date on which the parties conferred regarding the request; and 

(iv) a statement as to whether the request is opposed or unopposed.

V. Notice of Settlement 

A. If a full settlement is reached before trial, the parties should advise my legal 

assistant, Kate Sydney, within three business days prior to the trial. However, no 

deadline, hearing or trial will be vacated, except upon the filing of a written notice 

which states that all matters subject to the trial have been resolved by the parties 

and the issuance of an order by the Court. A written notice stating that full 

settlement has been reached is required. The settlement notice must be signed by 

at least one party representative and served on all parties. The specific terms of 

settlement do not need to be included with the initial notice as the Court will 

subsequently order the parties to file a Joint Notice of Full Settlement at a later 

date. Telephonic notification or email notification of settlement are not sufficient 

to cancel a scheduled trial or hearing date. See Commission Rule 100. See also

“Sample Documents” tab on the Commission website at www.oshrc.gov. 
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B. Settlement discussions are encouraged; however, hearings, trials, and pretrial 

deadlines will not be continued or vacated to facilitate settlement negotiations or 

alternative dispute resolution. Parties shall comply with the OSHRC Denver 

Office Standards on Settlement which is published at www.oshrc.gov under the 

heading “Administrative Law Judge Practices.” 

C. Partial Case Settlement/Dismissal – The parties shall promptly notify the Court by 

written notice if a partial settlement is reached. The Court will then provide the 

parties sufficient time to submit a Joint Notification of Partial Settlement. See

Commission Rule 100. See also “Sample Documents” tab on the Commission 

website at www.oshrc.gov. 4. Once approved and final, the Court will not retain 

jurisdiction over cases that have been settled. The proper mechanism for 

enforcing a settlement is, in almost all cases, through a new action.

VI. Trials

A. Courtroom procedures and demeanor: Professional courtesy and civility are 

expected during all court appearances, as well as during pre-trial interaction

among the parties. Respect for the Court, respect for one another, respect for 

witnesses, and respect for the judicial process are paramount. All trial proceedings 

and other scheduled hearings will begin promptly at their scheduled times. There 

will be no visual or verbal gestures of approval or disapproval of any witness 

testimony, any comments by counsel, or any rulings by the Court. All mobile 

phones must be either turned off or placed in vibrate mode while in the 

courtroom. 

B. Trial Exhibits: Exhibits shall be sequentially numbered with a label placed in the 

lower right corner of each exhibit (and on each page thereafter, unless subsequent 

pages have clearly identified page numbers which can be referenced on the 

record). Each exhibit shall be numbered C-1, C-2, C-3, etc. for Complainant’s 

exhibits, and R-1, R-2, R-3, etc. for Respondent’s exhibits. If other parties have 

been recognized in the case, they should follow a similar procedure (e.g. U-1, U2, U-3 for exhibits offered by union representatives participating in the 

proceeding). The proposed, pre-numbered exhibits must be securely placed in a 

three-ring binder, along with an index page located in the front of the binder. Each 

party shall create a minimum of four (4) copies of their respective exhibit 

notebooks: (1) one copy for Judge Helms (to be provided at trial), (2) one copy 

for the witness stand (which shall become the official Court copy), (3) one copy 

for each opposing party (which should be produced before trial pursuant to the 

Court’s deadlines), and (4) a copy for the party offering the exhibits. If a party 

plans to offer more than twenty (20) evidentiary exhibits into the record, each 

copy of the exhibits should also include a CD containing the scanned exhibits in 

.pdf format (for documents), and .jpeg format (for photographs). 
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C. If any party anticipates utilizing any special equipment, such as a projector, it is 

the responsibility of such party to make arrangements in advance with courtroom 

staff at the trial venue.

D. It is the policy of the Court that witnesses will be sequestered unless the witness is 

representing the party as its official representative.

E. Recording of Proceedings: The official record of all trials and proceedings will 

be taken by a real-time reporter. Transcripts of proceedings may be ordered 

directly from the court reporter.

F. Witness and Exhibit Lists

1. Witness List

Witness lists shall identify each witness’ address and telephone numbers, a 

short statement as to the nature and purpose of the witness testimony, whether 

testimony will be in person or by deposition, estimated time for testimony. For 

expert witnesses his/her area(s) of expertise, a brief statement of those facts 

and conclusions to which the expert will testify will be required.

2. Exhibit List 

Only the Exhibit list should be provided to the Court with the required Pretrial 

submissions. Each exhibit shall be identified by an exhibit number and a 

description. The parties should use the format in the Sample Forms section of 

these Standards in submitting the Exhibit List.

VII. Conventional Proceedings

The following additional requirements apply only to cases in conventional 

proceedings: 

A. Motion Practice: All motions, objections and responses shall conform to the 

requirements of Commission Rule 40. Note the parties have a “confer” 

requirement. The Court will not consider correspondence or letters from counsel 

as proper motion practice. See Commission Rule 40(c) also for applicable time 

limits for filing pleadings responsive to motions. No other reply or brief shall be 

filed without leave from the Court. Motions that are untimely, noncompliant, or 

filed without adequate effort to confer with opposing parties may be denied with 

prejudice or stricken sua sponte. 

B. Motions in limine are discouraged when they request advanced evidentiary 

rulings, which are typically more appropriate for the Court to consider during 

trial. Instead, the disputed issue can be summarized briefly in a pretrial brief. If a 
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party files a motion in limine, it is due fifteen days before the trial unless the 

Scheduling Order establishes a different timeframe. 

C. Dispositive Motions: Motions seeking relief pursuant to Fed.R.Civ.P. 12 or 56, 

are governed by the Scheduling Order and deadlines will be strictly enforced. 

D. Motions to Exclude Expert Testimony: A party objecting to the admissibility of 

opinion testimony must file a written motion seeking exclusion. Failure of an 

opponent to file such a motion, however, does not relieve the proponent of its 

burden to show the proffered testimony is admissible. Each such motion shall 

identify with specificity each opinion the moving party seeks to exclude. The 

motion shall also identify the specific ground(s) on which each opinion is 

challenged, e.g., relevancy, sufficiency of facts and data, or methodology. See

Fed. R. Evid. 702. The deadline for filing all such motions is established in the 

Scheduling Order. The Court, in its discretion, may set a hearing to determine 

whether the challenged opinions are admissible under the relevant Federal Rules 

of Evidence. The setting of such hearing does not obviate the need for opposing 

counsel to respond to the motion. 

E. In conventional cases, Judge Helms typically requires the parties to file a posttrial brief thirty days after the trial transcript is received from the court reporter. 

Post-trial briefs should contain each party’s proposed factual findings, a 

discussion of whether the prima facie elements required to prove each alleged 

violation were established, a discussion of whether the prima facie elements 

required to prove each alleged affirmative defense were established, as well as a 

discussion of any other pertinent issues the parties believe the Court should 

address in its decision.

VIII. Simplified Proceedings

A. Applicable Law: All parties and party representatives in any case proceeding 

pursuant to Simplified Proceeding must take particular note of Commission Rules 

200 through 211, in Subpart M. The filing of a formal Complaint and Answer are 

not required. Discovery is not permitted unless the Court enters an Order 

permitting limited discovery in a particular matter.

B. In simplified proceedings, the parties will be provided an opportunity either to

make closing argument on the record at the conclusion of trial or to file a posttrial brief. If a party elects to file a brief, it will typically be due thirty days after 

the trial transcript is received from the court reporter. Post-trial briefs must 

contain each party’s proposed factual findings, a discussion of whether the prima 

facie elements required to prove each alleged violation were established, a 

discussion of whether the prima facie elements required to prove each alleged 

affirmative defense were established, as well as a discussion of any other 

pertinent issues the parties believe the Court should address in its decision.
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IX. Settlement Conference Proceedings

As to any case assigned to Judge Helms for Settlement Proceedings, either voluntary 

or mandatory, each party will provide to the Court a confidential statement of the 

issues in controversy and the party’s factual predicate and legal position regarding 

each issue. If any discovery is sought in preparation for the Settlement Conference, a 

request to conduct discovery must be filed and copied to all opposing parties or 

counsel, indicating what discovery is requested and why it is needed prior to 

Settlement Conference. The filing of a formal Complaint and Answer are not 

necessarily required, but the Court may require such filings in certain cases

depending upon the complexity and transparency of issues presented. All confidential 

settlement statements and documents submitted in support of settlement will be kept 

confidential and destroyed at the end of the settlement process. Confidentiality will be 

also maintained as to information disclosed to the Court. 
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SAMPLE EXHIBIT LIST FORM

EXHIBIT LIST OF _____________________________________ CASE NUMBER ________________________________

CASE CAPTION ____________________________________ v. _________________________________ Page No. 1

(List of Complainant’s Exhibits by C1,C2, etc. and Respondent’s Exhibits by R1, R2, etc.)

EX NO. WITNESS DESCRIPTION REC. REJ. RUL.

RESVD.

COMMENTS