| WISHA Interim Operations Memorandum #96-2-E |  | |
WISHA Interim Operations Memorandum
#96-2-E
Expert Testimony by WISHA Staff
Approved:
Michael Wood, Senior Program Manager
Policy & Technical Serices
Date Issued:
February 26, 1996
Background
In the recently issued Compliance Manual, the department took a clear position "that unnecessary involvement in third party cases is not an effective use of employee resources, and unnecessarily takes CSHOs away from their primary duties" and provided guidance related to a CSHO's testimony as an expert witness.
Several WISHA consultation staff have asked for guidance in this area; in addition, staff comments regarding the manual highlighted several areas where additional guidance would be helpful. This memo provides that guidance until the WISHA Consultation Manual can be completed and a Labor and Industries Administrative Policy on the subject issued.
In addition to applicable program policies, all WISHA staff also should be aware of the requirements of Administrative Policy 3.34 in relation to paid activities beyond their state employment.
Policy
- All WISHA staff shall follow the guidelines found in the WISHA Compliance Manual, Section I-A.5.b and I-A.5.c (pp. I-2 and I-3) when called to testify in litigation not directly involving the department. In particular, WISHA staff shall provide only factual testimony (limited to explaining facts without embellishing these facts with any opinions) and shall not provide expert testimony (giving one's opinion as to certain issues -- including whether or not a particular practice is safe).
- All WISHA staff providing factual testimony in a lawsuit to which the department is not a party will remain on pay status and be subject to normal reimbursement by the department for any travel expenses, following established procedures. Any expense checks or other remuneration provided by either of the parties in such litigation shall be submitted to the Vendor Pay section of the department.
- Although not normally available to attend a deposition or trial, the staff of the Office of the Attorney General shall be available for advice and guidance whenever a WISHA employee is preparing to testify as a result of his or her employment. If special circumstances appear to justify the physical presence of an assistant attorney general, the appropriate regional program manager should request such support.
This prohibition does not apply to WISHA employees testifying on the department's behalf in cases where the department is a party, including appeals of WISHA citations.
