1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

PROCEDURES AND PRACTICES IN SIMPLIFIED PROCEEDINGS

BEFORE JUDGE JOHN B. GATTO

TABLE OF CONTENTS

I. Preamble 2

II. Contacting Chambers 2

III. Mandatory Electronic Filing; Email Service 2

IV. Pleadings 4

V. Discovery 4

VI. Witness Lists; Exhibit Lists; Stipulations 4

VII. Pretrial Disclosures 5

VIII. Trial Exhibits 5

IX. Personally Identifiable Information 7

X. Proposed Findings of Fact and Conclusions of Law and Briefs 7

XI. Status Report 7
2

I. Preamble

This case has been assigned to Simplified Proceedings. See 29 C.F.R. § 2200.203. A 

Guide to Simplified Proceedings is available on the Commission’s web page at 

https://www.oshrc.gov under the “Rules – Guides” tab. The purpose of the Simplified 

Proceedings is to provide simplified procedures for resolving contests under the Occupational 

Safety and Health Act of 1970, so that parties before the Commission may reduce the time and 

expense of litigation. Any party may file a motion requesting that Simplified Proceedings be 

discontinued and that the matter proceed under conventional procedures. A motion to 

discontinue must explain why the case is inappropriate for Simplified Proceedings. Responses to

such motions shall be filed within 14 days from the date of service of the motion. Joint motions 

to return a case to conventional proceedings shall be granted without requiring a showing of good 

cause.

Any rule referenced in these procedures is to the Federal Rules of Civil Procedure, unless 

otherwise indicated.1 Any reference to a Commission Rule means the Commission’s Rules of 

Procedure, 29 CFR Part 2200, a copy of which is available on the Commission’s web page at 

https://www.oshrc.gov under the “Rules – Guides” tab. All motions shall be accompanied by a 

proposed order that would grant the relief requested in the motion. See 29 C.F.R. § 2200.40(e). 

II. Contacting Chambers

Judge Gatto’s assistant is listed in Judge Gatto’s first order sent to the parties. Judge 

Gatto’s assistant is your primary point of contact on matters relating to your case and can be 

reached by e-mail or telephone number indicated in Judge Gatto’s first order sent to the parties.

Neither the parties nor their counsel are permitted to discuss the merits of the case with any 

Court staff. Subpoenas may be requested ex parte through Judge Gatto’s assistant by email.

III. Mandatory Electronic Filing; Email Service

A. Mandatory Electronic Filing. ALL parties must file documents electronically in the 

Commission’s E-File System (unless you filed a written request to be exempt from electronic 

filing explaining specifically how and why it would be an undue burden to comply with the 

electronic filing and were granted an exemption from electronic filing by the Judge). If you have 

not yet registered, you must immediately do so and notify the Court’s Legal Assistant that

you have done so. If you have not registered but included your email address in your notice of

1 The Occupational Safety and Health Act of 1970 mandates that unless the Commission has adopted a different 

rule, its proceedings shall be in accordance with the Federal Rules of Civil Procedure. See 29 U.S.C. 661(g).
3

contest or notice of appearance, you will receive a one-time courtesy copy of the Court’s Initial 

Scheduling Order sent to your email address of record. Unless you have been granted an 

exemption from electronic filing by the Judge, you will not receive any future Court

orders/notices until you register and notify the Court’s Legal Assistant that you have done so. 

B. User Registration and Electronic Filing. User registration and electronic filing are 

accomplished at https://oshrc.entellitrak.com. You are responsible for reviewing and complying 

with the Commission’s Instructions for Electronic Filing link located on the Commission’s web 

page at https://www.oshrc.gov under the “Featured Resources” tab. Failure to comply with these 

Instructions may result in the rejection of your submission.

C. Email Service. Documents filed electronically must be served by email attachmenton 

all parties and intervenors. The Certificate of Service must not be filed as a separate document. 

The document submitted for filing to the Commission E-File System case file will be rejected if 

a Certificate of Service that conforms with the Commission Rules is not included with the 

document submitted. The Certificate of Service certifying simultaneous email service of the 

document to the other parties and intervenors in the case must be included as the final page of the 

document submitted for filing:

Certificate of Service

This is to certify that service of the [Document Name] filed in the Commission’s E-File 

System was also simultaneous served by email attachment to the parties listed below on [Date of

Service].

[Name of Individual Served 

Address

Email Address]

 /s/

Name Title

Company / Firm Name / Office of the Solicitor

Street Address

City, State, Zip Code Email Address
4

IV. Pleadings.

Complaints and answers are not required. If the Complainant has filed a complaint, no 

answer is required.

V. Discovery.

Discovery, including requests for admissions, will only be allowed under the conditions 

and time limits set by the Court. Any party may file a motion requesting limited discovery.

VI. Witness Lists; Exhibit Lists; Stipulations

A. Witness Lists. Within 14 days before trial, each party must deliver to the Court, 

the Court reporter, and opposing parties a witness list.

B. Exhibit Lists. Within 14 days before trial, each party must deliver to the Court, the 

Court reporter, and opposing parties an exhibit list. Each party’s exhibit list must be submitted in 

the following format, and with the first two columns completed:

Exhibit List of (Complainant/Respondent) OSHRC Docket No.

Secretary of Labor v. Page No. ____ of _____

EX. # DESCRIPTION TENDERED WITHDRAWN ADMITTED REJECTED

C. Stipulations. No later than 14 days before trial, the parties shall jointly file a list of 

stipulations covering each topic enumerated below:

1. Settlement of the case;

2. Narrowing of issues;

3. Agreed issues and facts (e.g., jurisdiction; Respondent engages in a business 

affecting commerce; Respondent’s workplace; applicability of cited standards; cited standards

were violated; (3) employee exposure to the hazard; employer knowledge; whether violation was 

serious; appropriateness of penalty etc.);

4. Affirmative Defenses;

5. Motions;

6. Need for interpreter services, if any (subject to the availability of funds), which 

indicates the specific type of services needed;

7. Whether the parties agree to apply the Federal Rules of Evidence at trial;

8. Location of Respondent’s principal place of business; and

9. Any other pertinent issues.
5

Except under extraordinary circumstances, any affirmative defenses not raised in the 

Stipulations may not be raised at trial. In addition to filing the mandatory stipulations, the parties 

may also request a telephone conference, if necessary.

VII. Pretrial Disclosures

Any party that fails to timely disclose as required herein shall be prohibited from using 

the document, photograph, videotape, or defense at trial that is not timely disclosed. The Court 

shall act expeditiously on any claim by a party that the opposing party improperly withheld or 

improperly redacted any portion of documents, photographs, or videotapes. Within 30 days after

a case is designated for Simplified Proceedings:

A. The Complainant shall provide the employer, free of charge, with:

1. copies of the narrative (Form OSHA 1-A) and the worksheet (Form OSHA 1-

B), or their equivalents;

2. reproductions of any photographs or videotapes that the Complainant anticipates 

using at the hearing; and 

3. any exculpatory evidence in the Complainant's possession.

B. The employer shall disclose to the Complainant all relevant documents supporting 

each affirmative defense it raises in the Stipulations.

VIII. Trial Exhibits

A. General Requirements. The parties shall have a joint duty to consolidate duplicate 

exhibits using a joint common numbering system for such exhibits to the extent feasible and the 

Court will not admit a duplicate exhibit from one party that has already been admitted by another 

party. Exhibits shall not include alphabetical or numerical subparts (e.g., A, B, C, I, ii, iii etc.). If 

subparts are necessary, separate exhibits must be identified. 

B. Marking Exhibits. Prior to trial, each party shall number their exhibits using exhibit 

stickers, marked with the docket number, with a designation identifying the party offering the 

exhibit, and numbered consecutively. Each page of each exhibit shall be numbered 

consecutively, preferably with a Bates stamp. The pre-numbered exhibits must be securely 

placed in a trial exhibit notebook and each exhibit separated by a tab labeled with the exhibit 

number.

C. Objections. Specific objections to another party’s exhibits must be typed on a 

separate page and must be attached to the exhibit list of the party against whom the objections 

are raised. Objections as to authenticity, privilege, competency, and, to the extent possible, 
6

relevancy of the exhibits shall be included. Any listed document to which an objection is not 

raised shall be deemed to have been stipulated as to authenticity, privilege, competency, and, to 

the extent possible, relevancy by the parties and shall be admitted at trial without such further

proof.

D. Copies. Unless otherwise noted, copies rather than originals of documentary evidence

may be used at trial. Documentary or physical exhibits may not be added by counsel after filing 

of the pretrial order, except upon consent of all the parties or permission of the Court. Exhibits 

must be numbered, inspected by counsel, and marked with stickers prior to trial. Counsel shall 

familiarize themselves with all exhibits (and the numbering thereof) prior to trial. Counsel will not

be afforded time during the trial to examine exhibits that are or should have been listed.

E. In-Person Trial. No later than 14 days before trial:

1. Opposing Party. A copy of each exhibit shall be provided to the opposing party 

by email attachment in Adobe Portable Document Format (.pdf) or by mail on a CD or flash 

drive. The electronic version must mirror the original paper version in all respects, including 

clarity and color;

2. Court Reporter. The original trial exhibit notebooks shall be presented to the 

court reporter at trial, along with a courtesy copy for the Court. Copies of each exhibit shall also 

be sent to the court reporter at the conclusion of the trial by email attachment in Adobe Portable 

Document Format (.pdf), or by mail on a CD or flash drive. The electronic version must mirror 

the original paper version in all respects, including clarity and color.

F. Remote Trial. No later than 14 days before trial:

1. Opposing party. A copy of each exhibit shall be provided to the opposing party 

by email attachment in Adobe Portable Document Format (.pdf) or by mail on a CD or flash drive 

to the opposing party. The electronic version must mirror the original paper version in all 

respects, including clarity and color;

2. Court Reporter. The original trial exhibit notebooks shall be provided to the 

court reporter by mail, along with copies of each exhibit by email attachment in Adobe Portable

Document Format (.pdf) or by mail on a CD or flash drive. The electronic version must mirror 

the original paper version in all respects, including clarity and color;

3. Court’s Legal Assistant. A copy of each exhibit shall be provided by email 

attachment to the Court’s Legal Assistant in Adobe Portable Document Format (.pdf). The 

electronic version must mirror the original paper version in all respects, including clarity and
7

color; and

4. Witnesses. The party calling a witness must deliver to the witness a copy of each 

exhibit to be addressed with the witness by email attachment in Adobe Portable Document Format 

(.pdf) or by mail on a CD or flash drive. The electronic version must mirror the original paper 

version in all respects, including clarity and color.

IX. Personally Identifiable Information

A party filing a submission with the Court or tendering an exhibit at trial containing 

Personally Identifiable Information (PII) shall comply with Commission Rule 8(g), which sets out 

the redaction procedures for applicable types of PII and medical records.

X. Proposed Findings of Fact and Conclusions of Law and Briefs

The parties shall file proposed findings of fact and conclusions of law and separate posttrial briefs within 30 days after receipt of the electronic trial transcript, except that if the

Respondent is self-represented or represented by a non-attorney, the Respondent may, but shall 

not be required, to file proposed findings of fact and conclusions of law and separate post-trial 

briefs. Reply briefs are not authorized without the approval of the Court.

XI. Status Report

The parties shall file a joint status report of their intent to proceed to trial, settle, or 

withdraw the citation or notice of contest no later than 14 days before trial. If the parties intend 

to settle, or a party intends to withdraw the citation or notice of contest, but the Court was not 

timely informed as required herein, the parties must appear for trial, unless otherwise ordered, to 

memorialize the settlement or withdrawal announcement on the record.

SO ORDERED.

Dated: August 21, 2023

Atlanta, GA