BIOGRAPHY 

Judge Covette Rooney was born and raised in Philadelphia, PA. On March 14, 2011, Judge Covette 

Rooney was named Chief Administrative Law Judge of the U.S. Occupational Safety and Health 

Review Commission. Judge Rooney joined the Review Commission in 1996 and since then has 

distinguished herself through her adjudication of complex cases. She previously served as an 

Administrative Law Judge at the Social Security Administration in Hattiesburg, MS. Her prior work 

experience includes employment with the Philadelphia Regional Office of the Solicitor, U. S. 

Department of Labor from 1980 until 1994, where she served as Regional Counsel for the Mine 

Safety and Health Administration and Black Lung Program and was a Senior Trial Attorney. Judge 

Rooney also served as a law clerk for The Honorable Paul A. Dandridge, First Judicial District of 

Pennsylvania, Court of Common Pleas, Philadelphia, PA. 

After earning an undergraduate degree at Colgate University, Judge Rooney received her Juris 

Doctor at Temple University School of Law. She is admitted to the Pennsylvania Bar, U.S. District 

Court for the Eastern District of Pennsylvania, and U.S. Court of Appeals for the Third Circuit. 

Correspondence with the Court 

Judge Rooney permits correspondence with her office concerning administrative, scheduling, or 

other non-substantive routine matters, and to advise the Court that a case has been settled or 

dismissed (written verification must follow). Otherwise, all communications with the Court 

should be made by the filing of pleadings, motions, applications, briefs or legal memoranda. 

Under no circumstances may any party or counsel communicate ex parte with office staff, who 

have no authority to render legal advice or grant continuances or any other relief. 

Preliminary General Matters 

Each conventional case is assigned a trial date. Judge Rooney routinely starts at 9:30 a.m. and 

may sit until 5:00 p.m. or later.

Pretrial Procedures 

Upon assignment of a case, Judge Rooney routinely issues an order requesting the parties to 

confer and forward recommends concerning scheduling deadlines. After review of said 

recommendations, a scheduling order will be issued setting forth deadlines for the completion of
discovery, the filing of dispositive motions, the filing of pretrial submissions and hearing date.

Continuances 

Counsel should advise the Court immediately and before the date has run, of any compelling 

justifying an extension or continuance of any originally scheduled date. Requests for 

continuances of the scheduled trial date are infrequently granted and must be made no later than 

21 days in advance.

Any requests for extension or continuance must be made by motion and set forth in detail the 

reason or basis for the request and noting the agreement or disagreement of all other counsel as 

well as the period of delay requested.

Since trial dates are set well in advance, Judge Rooney is extremely reluctant to grant 

continuances. Judge Rooney will permit extension of discovery deadlines upon a showing that 

such extension will not interfere with the trial date.

Electronic Case Filing 

Judge Rooney finds electronic filing provides greater efficiency and timeliness in the filing of 

pleadings, automatic e-mail notice of case activity, as well as electronic storage of documents for 

remote access by the Court and the parties. Review Commission instructions on electronic filing 

can be found on the Review Commission website. 

See: https://www.oshrc.gov/publications/instructions-for-electronic-filing/

Motions 

Proposed orders should be attached to corresponding motions or memoranda of law.
APPENDIX A

United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

 

SECRETARY OF LABOR,

Complainant,

v.

OSHRC DOCKET NO. 

 

 Respondent.

NOTICE OF HEARING AND ORDER FOR PARTIES TO CONFER

AND SUBMIT PLANNING RECOMMENDATIONS

The Parties are notified that the hearing in this matter scheduled to commence on 

Wednesday, December 1, 2021, and Thursday, December 2, 2021, at 9:30 a.m. in Hartford, 

CT. or virtually.

1

 Pursuant to 5 U.S.C. § 556 and Commission Rules of Procedure 51 and 67, 

the parties are directed to confer with one another, and on or before 3:00 p.m., Wednesday, July 

7, 2021, and jointly submit recommendations for time limits on the following activities.

Pursuant to 5 U.S.C. § 556 and Commission Rules of Procedure 51 and 67, the parties are 

directed to confer with one another, and be prepared to discuss time limits on the following 

activities.2

1 In view of the COVID-19 pandemic, its impact on travel, and the restrictions it has placed on gatherings, the 

hearing location and format (video conference) will depend upon courtroom space availability and safety concerns.

2 Throughout these orders, dates established for submission of pleadings and all other documents are the dates by 

which the materials must be received by the opposing party and the office of the administrative law judge. The time 

limits shall be fixed calendared dates and not calculations, i.e., 60 days, 90 days, etc.
A. The number of days needed to complete the hearing.

B. The date(s) by which the parties must submit in writing the names, organizational 

affiliations and subject matter areas of expertise of expert witnesses it may call at the hearing. 

The date(s) by which Reports prepared by the expert witnesses shall be completed and delivered 

to counsel who retained the expert(s) and exchanged with opposing counsel.3

C. The date by which all discovery is to be completed.

D. The date on or before which motions to amend pleadings shall be received by the 

administrative law judge and served on all parties. 

E. The date on or before which dispositive or partially dispositive pre-hearing motions 

shall be received by the administrative law judge and served on all parties. Note: At least 45 

days prior to hearing.

F. The date by which responses to dispositive or partially dispositive pre-hearing 

motions shall be received by the administrative law judge and served on all parties. Note: 

Motions in limine shall be received by the administrative law judge and served on all parties no 

later than thirty (30) days prior to hearing.

G. The date (at least 14 days prior to hearing) by which pre-hearing statements shall be 

received by the administrative law judge and served on all parties.

H. Any other time limits or deadlines the parties suggest as appropriate or necessary for 

the efficient management of the pre-hearing activities.

ELECTRONIC SERVICE AND FILING

Pursuant to 85 Fed. Reg. 65,220 (October 15, 2020), the Review Commission’s rule 

requiring mandatory e-filing took effect on October 15, 2020. The rule applies to all cases 

3

 This disclosure shall be accompanied by a mandatory written report prepared and signed by the witness. The 

report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data 

or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or 

support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness 

within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other 

cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.
docketed on or after that date and requires that all documents, unless specifically exempted, must 

be filed electronically in the Commission’s E-File System. See Commission Rule 8(c); 29 C.F.R. 

§ 2200. 8(c).

Counsel are requested to promptly register to use the Commission’s E-Filing system. To 

register, access the link at www.oshrc.gov. Instructions for the E-Filing system are posted on the 

OSHRC website. See Featured Resources: OSHRC E-Filing Instructions & User Guide. Monday 

to Friday, 8:00 a.m. and 4:00 p.m. (E.T.), any questions regarding the Commission’s E-Filing 

system may be directed to support at mp.support@oshrc.gov . 

Counsel shall electronically file the formal pleadings, complaints and answers, discussed 

above. Revised Commission Rule 7(c)(1) states that for electronically-filed documents, service 

shall be deemed accomplished by the simultaneous service of the document by email on all other 

parties and intervenors in the case, together with proof of service. 

Please note, revised Commission Rule 8(c)(5)(iii) instructs that confidential and privileged 

documents must not be filed electronically in the Commission’s E-File System, including 

confidential settlement documents filed with the Judge pursuant to Commission Rule 120 

settlement procedures. 

Electronic documents must be free of viruses and malware. Filing or serving a document 

in electronic format constitutes a certification that the document has been checked and it is free of 

viruses and malware.

Parties can 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 e-mail address. All persons designated to receive 

notice of case filings and activity must be a registered user within the E-Filing system. All 

parties have a continuing obligation to update service and registration information pursuant to 

Commission Rule 6, Record Address.

SO ORDERED.
/s/Covette Rooney

Dated: COVETTE ROONEY

 Washington, DC. Chief Judge, OSHRC
APPENDIX B

United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

Phone: (202) 606-5405 Fax: (202) 606-5409

SECRETARY OF LABOR,

Complainant,

v. OSHRC DOCKET No. 

,

 Respondent.

 

 NOTICE OF PRECISE LOCATION OF HEARING

Please take notice that the hearing in this matter, which has already been scheduled to 

commence at 9:30 a.m. on , will be held at 

U.S. Tax Court

McCormack Post Office & Courthouse

5 Post Office Square, Room 5

Boston, MA 02109

POC: Byron Tindell, 202-521-4666

Please bring government-issued identification with you for admission into the building. 

Any procedural questions regarding scheduling or facilities, or the like, shall be addressed to Ms. 

Tia Dillard of this office at tdillard@oshrc.gov (email) or 202 606 5405 (telephone). 
Posting Requirement 

Pursuant to section 9(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 

§658(b), and Commission Rules 7(i) and (j), Respondents have an obligation to serve and / or post 

a copy of this Notice of Hearing Location as required by Commission Rule 7(g). Respondent's 

attention is again called to the requirement for service of a copy of this notice upon any 

representative of affected employees or in the absence of such representation, posting a copy at or 

near the place where the citation was required to be posted. 

Settlement Notification

Counsel/Parties are required to provide written notification to the court at least five (5) 

business days in advance of the hearing if the case has settled. If settlement discussions are 

ongoing beyond that date, counsel should contact the undersigned for a conference call. Failure 

to comply with the aforementioned will result in the parties appearing at the scheduled location 

and memorializing the settlement on the record. 

Mask Requirements

Chief Judge Rooney requires that all persons present in the courtroom for this hearing, 

regardless of vaccination status, must wear a face covering that completely covers the wearer’s 

nose and mouth. This requirement is required regardless of the Courthouse requirements. The 

Judge may ask witnesses to remove masks to help assess credibility, as necessary.

General Procedures

Civility is the foundation of Chief Judge Rooney’s courtroom procedures. The hearing shall 

at all times be conducted in a dignified and formal manner. Counsel shall not raise their voices any 

louder than is necessary to be clearly heard by the Court and witnesses. All remarks should be 

addressed to the Court and counsel will rise when addressing the Court. Counsel’s demeanor 

should be one of courtesy and professionalism to both the Court and each other. The rule on civility 
is absolute in addressing witnesses whether on direct or cross examination. Do not approach a 

witness without leave of the Court. Do not exhibit an opinion concerning any witness in any 

manner, including facial expression or other conduct. Counsel should avoid argumentative 

questions when questioning an opposing party.

Cell phones should be turned off upon entry into the courtroom. Counsel are responsible 

for their witnesses’ cell phones as well as their own.

At the commencement of the hearing, all sequentially numbered documents and exhibits 

shall be assembled in an orderly fashion, together with an index, either electronic or a copy placed 

in a three-ring binder to be submitted to the Court. In addition, each party shall provide the court 

reporter with an electronic or hard copy of each exhibit that is introduced and admitted into the 

record. At the close of the hearing, the parties shall ensure that the admitted exhibits have been 

assembled into a portable data storage device, i.e. flash drive or CD, or binders with index, as 

appropriate retaining the tab numbers used. 

SO ORDERED.

Dated: /s/Covette Rooney 

COVETTE ROONEY

 Chief Judge, OSHRC
APPENDIX C

 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street., N.W., Ninth Floor

 Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant,

v. OSHRC DOCKET NO. 

STRATAS FOODS, LLC d/b/a 

ADMIRATION FOODS, 

 Respondent.

NOTICE OF HEARING, SCHEDULING ORDER

AND SPECIAL NOTICES

 The parties are hereby notified that the hearing in this matter will be heard commencing at 

9:30 a.m. on Wednesday, in .4 The parties anticipate a -day hearing. 

Having considered the recommendations of the parties’ IT IS ORDERED THAT: 

A. All discovery shall be completed in such a manner as to be completed on or before 

September 17, 2021.

5

4 In view of the COVID-19 pandemic, its impact on travel, and the restrictions it has placed on gatherings, 

the hearing location and format (video conference) will depend upon courtroom space availability and 

safety concerns.

5 “Completed” means “propounded and answered”, i.e., all discovery shall be served in sufficient 

time for the responses thereto to be served by this deadline. Counsel must resolve all discovery 

disputes or bring them to the undersigned’s attention in a timely manner so as to allow sufficient 

time for the completion of discovery within the time set. The conduct of any discovery which 

would require a later due date shall be permitted only on the order of the administrative law 
B. Motions to amend pleadings shall be filed in such a manner as to be received by all 

parties and the administrative law judge no later than September 24, 2021. 

C. Dispositive pre-trial motions, shall be filed in such a manner as to be received by all 

parties and the administrative law judge no later than October 1, 2021. Responses to pre-trial 

motions shall be filed in such a manner as to be received by all parties and the administrative law 

judge no later than October 8, 2021. 

Motions in limine shall be received by the administrative law judge and served on all 

parties no later than fourteen (14) working days prior to trial.

FINAL PRETRIAL PROCEDURES

Required Pretrial Conference Between Parties:

A. It is the responsibility of counsel for all parties to meet together or to confer by 

telephone no later than Monday, November 1, 2021, in a good faith effort to:

1. discuss the possibility of settlement;

2. stipulate to as many facts or issues as possible;

3. examine, mark and stipulate to the admissibility of as many as possible of the exhibits

to be offered by any party at trial;

4. exchange the names and addresses of all witnesses and presently identifiable rebuttal 

witnesses; and

5. prepare a pretrial statement in accordance with section B. below.

judge or by filed stipulation of the parties, and only in cases that will not be delayed for trial 

thereby. The parties should be aware that a stipulation to the extension of time for discovery 

anticipates no discovery disputes and, therefore, the administrative law judge will not hear 

discovery disputes arising during any such extensions.
B. The joint prehearing statement shall be filed in such a manner so as to be received by 

the administrative law judge no later than 3:00 p.m., Tuesday, November 2, 2021 (a courtesy 

copy may be emailed to crooney@oshrc.gov), and shall contain:

1. a list of all exhibits to be offered into evidence with notations of all objections 

thereto; and a certification by counsel that all exhibits have been exchanged;6

2. counsel must ensure that exhibits both parties will offer are marked as Joint 

Exhibits;

3. a list of all witnesses, and presently identifiable rebuttal witnesses, who may be called 

at the hearing accompanied by a short statement as to the nature and purpose of the witness 

testimony and estimated time for testimony;

4. a list of all expert witnesses including, as to each such expert witness, a written report

prepared and signed by the witness;

5. a concise statement of those facts which are admitted and will require no proof at the

hearing, together with any reservations directed to such admissions;

6. a concise statement of applicable principles of law on which there is agreement;

7. a concise statement of those issues of fact which remain to be litigated (without

incorporation by reference to prior pleadings or memoranda.);7

8. a concise statement of those issues of law which remain to be litigated (without 

incorporation by reference to prior pleadings or memoranda);8

9. a concise statement of any disagreement as to the application of the Federal Rules of

Evidence or the Commission Rules of Procedure. 

6 Any Exhibit not listed on the exhibit list is subject to exclusion at the hearing. Any objection not stated 

will be deemed waived.

7 Note: A mere restatement of the general elements to be proven will be deemed to be insufficient.

8

 See Note 2, above.
10. a list of all motions or other matters which require action by the administrative law 

judge;

11. an estimate of time each counsel anticipates will be needed to present its case; 

12. the signatures, telephone phone numbers, and email addresses of counsel for all 

parties;

13. a statement on the presentation software to be used by each party during hearing, if 

any, and whether each party is able to receive and use digital files of presentation materials 

prepared by the other; and

14. the signatures, telephone numbers, and email addresses of counsel for all parties.

SPECIAL NOTICES

A. Motions

 1. All motions must state the basis of the request, identify authority in support of the

request and be accompanied by an order prepared for the administrative law judge’s signature.9

 

2. The parties are reminded that Commission Rule 40 provides for motions and 

responses, with additional submissions permitted with leave of the Court. See 29 C.F.R. § 

2200.4010. The parties are further reminded that Commission Rule 40 requires parties to confer 

or make reasonable efforts to confer prior to filing a motion, and to include in the motion a 

statement whether any other party opposes or does not oppose the motion. This includes motions 

for extensions of time, motions for continuances of any kind, motions seeking to limit or compel 

discovery, and motions seeking to expand or limit the calling of witnesses or the introduction of 

evidence. Accordingly, motions will not be entertained unless accompanied by moving 

counsel’s certification that the parties have discussed the matter and that there is either no 

9 Note that while all pleadings and most other documents submitted through the OSHEC e-filing system 

must be in Adobe Portable Document Format (PDF), proposed orders accompanying motions should also 

include a Word version of said proposed order. 10 The Commission Rules are available on the Commission website home page under the Rules-Guides 

tab. See https://www.oshrc.gov/rules/
objection to the motion or that the parties have made a good faith effort to settle the matter and 

have been unable to do so. In addition, such a motion must be filed at least four (4) business 

days prior to the deadline the motion is seeking to extend. The undersigned grants such motions 

only upon a showing of good cause, focusing on the diligence of the party seeking the 

continuance and any prejudice that may result if the court denies the continuance.

 3. Motions which do not meet the requirements of A.1 and A.2, above, may be

summarily denied. The Court will ignore correspondence, e.g. letters, from counsel that should 

properly be the subject of motion practice.

B. Witnesses and Exhibits

Witnesses may not be permitted to testify, and exhibits may not be accepted into 

evidence unless they have been identified in a timely pre-hearing exchange. Documentary 

exhibits shall be marked with the case docket number, with a designation identifying the party 

offering the exhibit and numbered consecutively. Exhibits shall have each page numbered 

serially and identified as “Docket No. ____, Exhibit No._____, page ___ of ___ pages.”.

At the commencement of the hearing all documents and exhibits exchanged by the 

parties together with an index and placed in a three-ring binder shall be submitted to the 

undersigned. Furthermore, each party shall provide the court reporter with an original or copy of 

each exhibit he/she introduces and is admitted into the record.

Trial Documents – In addition to hard copy submission of exhibits, the parties are 

directed to store and submit all exhibits in the above-captioned case electronically via a 

USB flash drive – the preferred storage method. A compact disc (CD) is acceptable in cases 

where a flash drive would present a hardship. The CD should not be rewriteable. Electronic 

exhibits should be updated before final submission to reflect any changes made to exhibits 

during the trial. Each party shall provide to the Court an electronic copy of the exhibits in one of 

the following electronic formats no DVD): Adobe Portable Document format (.pdf) (preferred) 

or Word 2010 or higher (read only) Document (.doc). Materials that cannot be converted to 

electronic form (e.g., videotape, audiotape, etc.) should be submitted to the Court in original 
form. Audio files must be submitted as an MPEG-1 Audio Layer 3 file (usually referred to as 

.mp3). The Mp3 audio files must use a constant bit rate. Video files must be submitted as an 

MPEG-4 Part 14 file (usually referred to as .mp4). Files must not exceed 50mb. Data 

compression is encouraged, though the submitter must assure that the video quality and audio 

content have sufficient quality. None of the electronic files submitted should be password 

protected, encrypted, or protected by rights management. Over-sized documents such as 

overheads, charts, graphs or demonstrative exhibits may be used during court proceedings, but 

they shall be reduced, photocopied or otherwise produced so that they can be submitted as a 

paper exhibit and electronically. An electronic document must not contain a virus or malware. 

The filing of a document in electronic format constitutes a certification that the document has 

been checked for viruses. The electronic version of exhibits will be the official trial exhibits.

C. Applications for Subpoenas 

Subpoena applications should be directed to the undersigned’s administrative assistant, Tia 

Dillard. Email is the preferred method for such requests. Ms. Dillard’s email address is 

tdillard@oshrc.gov. Subpoena requests shall not be filed in the Commission’s E-Filing system.

D. Expert Witnesses and Reports

Complainant and Respondent must disclose the names, organizational affiliations and 

subject matter areas of expertise of its expert witnesses, if any, no later than August 17, 2021. A 

report must be produced for each expert and shall be completed and delivered to opposing 

counsel no later than August 17, 2021. This written report shall be prepared and signed by the 

expert witness, and shall contain a complete statement of all opinions to be expressed and the 

basis and reasons therefor; the data or other information considered by the witness in forming the

opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications 

of the witness, including a list of all publications authored by the witness within the preceding 

ten years; the compensation to be paid for the study and testimony; and a listing of any other 

cases in which the witness has testified as an expert at trial or by deposition within the preceding 

four years.11 

11 NOTE: Fed. R. Civ. P. Rule 26(e)(2) requires that the expert's disclosure be supplemented if there are 

any additions or changes to the information previously disclosed, i.e., correcting inaccuracies or adding
E. All parties must comply literally with all parts of the above order. Failure to do so 

may result in appropriate sanctions including dismissal of claim or defense.

F. The appearance of counsel on any pleading is deemed to be the appearance of every 

member of counsel's law firm and such appearance requires the presence of either the attorney 

who filed the pleading or a member of his/her law firm at the hearing on the matter. 

G. Any party desiring to use a videotape at the hearing shall be responsible for having 

appropriate playback equipment and a competent operator at the hearing. An edited videotape, 

capable of continuous playback and purged of unnecessary portions must be prepared by the 

offering party. A copy of the edited tape and an accompanying log shall be made available to 

other parties at least 10 days before the commencement of the hearing. The parties are further 

advised that any portion of a videotape containing an audio component, such as employee 

interviews or other conversations, which a party intends to introduce into the record, must be 

fully transcribed and exchanged with other parties at least 10 days before the commencement of 

the hearing. In addition, the unedited original tape(s) shall be available at the hearing.

Each videotape used at a hearing must be accompanied by a log containing references to 

counter numbers which identify each segment to be shown at the hearing in terms of the elapsed 

real time from the beginning of the unedited tape(s) from which the segment was taken.

H. Any party desiring to offer excerpts of depositions at hearing must comply with 

Commission Rule 2200.56(f). 

I. Any party requesting Commission assistance regarding interpretation and/or 

translation services, during this proceeding, to assist individuals with limited English language 

proficiency, must submit a written request for assistance to the undersigned judge, identifying

the language needing interpretation / translation, no later than sixty (60) days before the hearing 

begins. Guidance regarding interpretation services is available in the Occupational Safety and 

Health Review Commission Language Access Plan.6 Historically, the Department of Labor has 

arranged and paid for the litigation expense associated with the provision of interpreters for 

information that was not available at the time of the initial report. Such supplementation must be 

completed in a manner compliant with the deadlines set forth herein.
government witnesses providing testimony at Commission proceedings, and for the translation of 

documents used by the Secretary of Labor’s representatives during Commission proceedings.

A qualified interpreter may be identified by Court certification, for example from a list of Court 

certified interpreters available from the local U.S. District Court. The hearing judge will decide 

any issues regarding interpreter competency.

Prior to filing the Joint Prehearing Statement, counsel / representatives for the parties must speak 

with one another to reach agreement regarding interpretation services needed, if any, for the 

hearing.

J. FILING REQUIREMENTS12

In order to accommodate the scanning of legal papers presented in hard-copy format and 

saving in an electronic format in accordance with internal Review Commission scanning 

procedures, all legal papers must conform to the following requirements;

a) all legal papers must be printed on only on side of the paper;

b) all orders must contain a 1-inch space from the top of the page;

c) all legal papers must not be stapled or permanently bound but must be secured by binder 

clips or other fasteners which do not puncture or otherwise interfere with scanning; and

d) to avoid scanning errors, Exhibit separator pages must be used instead of Exhibit tabs.

K. PERSONALLY IDENTIFIABLE INFORMATION (PII)

During these proceedings, the parties are directed not to file in the Commission E-File 

System or offer into evidence at the hearing documents containing sensitive information. 

Information that is sensitive (e.g., social security numbers, driver’s license numbers, and credit 

card and financial account numbers) but not privileged must be redacted.

12 Pursuant to 85 Fed. Reg. 65,220 (October 15, 2020), the Review Commission’s rule

requiring mandatory e-filing took effect on October 15, 2020. The rule applies to all cases

docketed on or after that date and requires that all documents, unless specifically exempted, must

be filed electronically in the Commission’s E-File System. See Commission Rule 8(c); 29 C.F.R.

§ 2200. 8(c).
Parties must exercise caution when filing medical records, medical treatment records, medical 

diagnosis records, employment history, and individual financial information, and must redact or 

exclude materials unnecessary to the case. See Commission Rule 8(d)(5).

POST-TRIAL BRIEFS

Post-trial briefs should include a Table of Contents, Stipulations, Factual Background and 

Findings of Fact with citation references to the official transcript, Argument, Table of 

Authorities, and Conclusion. An original shall be filed in a PDF compatible format and a 

courtesy copy emailed to the undersigned at crooney@oshrc.gov or on an electronic storage 

device. 

/s/ Covette Rooney

Dated: COVETTE ROONEY

Chief Judge, OSHRC

 
APPENDIX D

COURTROOM ETIQUETTE PLEASE TAKE NOTICE:

General Procedures

All spectators, whether media, public, family or attorneys and or interns related to the offices of 

the parties observing the proceedings must be seated before the Court is in session and must 

remain in the courtroom (except for emergencies) until the next recess is called. No spectators 

will routinely be admitted while the court is in session.

Courtroom Demeanor

Persons in the courtroom must remain silent during all proceedings. There will be no talking, 

shaking of heads of approval or disapproval of any statements, actions, rulings, testimony or 

proceedings, or any other signals or signs of approval or disapproval of the proceedings. 

There will be no reading of newspapers, magazines, books, or other materials during the court 

proceedings in the courtroom. 

There will be no drinks, snacks, chewing gum, smoking or chewing, except for water provided 

by counsel to the witnesses or counsel with the permission of the presiding judge. 

As in all cases, the atmosphere in the courtroom must be quiet, calm and deliberative. Evidence 

in the case may be complex, graphic, emotional, and sometimes very tedious. All persons 

attending the trial must be willing to commit to a serious attitude if attending this trial. 

All cellphones and pagers must be turned off while proceedings are in progress. Computers, 

cameras, web cams, recorders or other equipment may not be brought into the courtroom except 

as specifically permitted by the presiding judge. 

No member of the media, family, students or public, attorneys and or interns will be allowed 

beyond the bar of the court at any time except as permitted by the judge.
Official Record

There is only one official court record of these proceedings - that record is the transcript of the 

original notes of the court reporter made in open court employed by the Review Commission 

Dated: 

COVETTE ROONEY 

Chief Judge, OSHRC