Notice2022-15277
Hearing Health and Safety
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 18, 2022
Issuing agencies
Federal Mine Safety and Health Review Commission
Abstract
Beginning on January 3, 3022, the Federal Mine Safety and Health Review Commission (the "Commission" or "FMSHRC") resumed in- person hearings in the manner described in an order dated December 3, 2021, appearing in the Federal Register on December 9, 2021, and posted on the Commission's website (www.fmshrc.gov). On July 11, 2022, Commission Chief Administrative Law Judge Glynn F. Voisin issued an order, which modifies the December 3 order. The July 11 order is posted on the Commission's website and contains hyperlinks not included within this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 136 (Monday, July 18, 2022)</title>
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[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Pages 42725-42727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15277]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Hearing Health and Safety
AGENCY: Federal Mine Safety and Health Review Commission.
ACTION: Notice.
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SUMMARY: Beginning on January 3, 3022, the Federal Mine Safety and
Health Review Commission (the ``Commission'' or ``FMSHRC'') resumed in-
person hearings in the manner described in an order dated December 3,
2021, appearing in the Federal Register on December 9, 2021, and posted
on the Commission's website (<a href="http://www.fmshrc.gov">www.fmshrc.gov</a>). On July 11, 2022,
Commission Chief Administrative Law Judge Glynn F. Voisin issued an
order, which modifies the December 3 order. The July 11 order is posted
on the Commission's website and contains
[[Page 42726]]
hyperlinks not included within this notice.
DATES: Applicable: July 11, 2022.
FOR FURTHER INFORMATION CONTACT: Sarah Stewart, Deputy General Counsel,
Office of the General Counsel, Federal Mine Safety and Health Review
Commission, at (202) 434-9935.
SUPPLEMENTARY INFORMATION: Commission Administrative Law Judges are
committed to a high standard to protect the health and safety of all
persons who may appear before them, during the Coronavirus 2019 (COVID-
19) pandemic, while continuing the agency's mission. By order dated
December 3, 2021, which was published in the Federal Register (86 FR
70126 (Dec. 9, 2021) and posted on the Commission's website, the
Commission resumed in-person hearings as of January 3, 2022. On July
11, 2022, the Chief Judge issued an order modifying the December 3
order. The contents of the July 11 order are set forth in this notice,
and for the duration of the July 11 order, all hearings are subject to
its terms.
Commission Judges may, at their sole discretion, hold remote
hearings (e.g., via Zoom) and in-person hearings. Judges also have the
discretion to hold a hybrid hearing, that includes both in-person and
video participation. Commission Judges shall exercise this discretion
within uniform parameters as set forth herein. Each Judge shall
determine (1) when to use remote hearings in lieu of in-person hearings
and (2) specific safety procedures to be used at a hybrid or in-person
hearing.
In determining the type of hearing, Judges will consider current
guidance and safety factors on a case-by-case basis. Judges will ensure
all parties appearing pro se who are required to participate in a
remote hearing have access to equipment, an internet connection, and
other appropriate technology. Prior to conducting an in-person hearing,
Judges will schedule a conference call with the attorneys and
representatives of each of the parties to discuss, among other things,
safety considerations for the in-person hearing. Persons who are not
comfortable with travel or appearing in person, may request to attend
the hearing via remote access (e.g., via Zoom). Judges may discuss the
agency's workplace safety plan that outlines travel guidelines,
protocols, and safety measures in conjunction with the CDC Community
Levels.
The Judge will set a hearing location after considering CDC
Community Levels using the CDC COVID Data Tracker and the safety and
health rules currently in place by the state and local public health
entities. Where community levels are HIGH, Judges are discouraged from
setting in-person hearings. If in-person participants are traveling to
attend a hearing, the community levels of where they are traveling from
need to be taken into account as well. In choosing a courtroom, the
Judge will take into consideration the rules and requirements of the
court or hearing facility, as well as all applicable federal, state,
and local regulations and guidelines. If the hearing is to be a hybrid
hearing, the Judge will also consider the availability of internet and
technology needs in the courtroom.
During the prehearing conference, the Judge will consider federal,
state, local and courtroom requirements and inform the parties of such
requirements. The requirements apply to all persons attending the in-
person hearing. The discussion will also address who may enter the
courtroom, when, and what safety measures, such as masks and physical
distancing, must be implemented. No person may enter the courtroom, or
the witness room without the permission of the Judge.
In addition to any federal, state, local and facility safety and
health rules, all persons attending in-person hearings are also subject
to the below requirements:
<bullet> FMSHRC employees:
[cir] All FMSHRC employees must adhere to the workplace safety plan
and CDC guidance on physical distancing, mask wearing, vaccination
attestation, and testing as well as quarantine, isolation, and official
travel requirements. The employee vaccination requirement in Executive
Order 14043 and the contractor vaccination requirement in Executive
Order 14042 are the subject of an injunction issued by a Federal court.
In accordance with OMB Guidance, and pending further notice, FMSHRC
will take no action to enforce the vaccination requirements in those
executive orders. The Office of the Chief Administrative Law Judge will
continue to monitor developments on this issue and will comply with
current vaccination policies.
<bullet> Visitors and Contractors:
[cir] Visitors are defined as federal employees from other agencies
such as the Department of Labor, spectators, and press. Contractors,
for purposes of this order, are defined as individuals who have been
contracted by FMSHRC to attend an in-person hearing for a specific
purpose (e.g., a court reporter creating a transcript).
[cir] Visitors and contractors must attest to their vaccination
status using the Certificate of Vaccination Form when Community Levels
are MEDIUM or HIGH. The vaccination attestation form can be found on
the Safer Federal Workforce website at <a href="https://www.saferfederalworkforce.gov/downloads/CertificationVaccinationPRAv7.pdf">https://www.saferfederalworkforce.gov/downloads/CertificationVaccinationPRAv7.pdf</a>. Visitors and contractors who are
considered not fully vaccinated (as defined by the CDC) shall show
proof of a negative COVID-19 test result from a Food and Drug
Administration authorized test taken within three days prior to entry
to the in-person hearing when Community Levels are MEDIUM or HIGH. The
Judge shall neither collect documentation to verify their vaccination
attestation nor collect documentation to verify COVID-19 test results.
Additionally, all visitors and contractors must adhere to the agency's
workplace safety plan and CDC guidance on physical distancing and mask
wearing.
<bullet> Non-government Parties, Representatives and Witnesses:
[cir] Persons who are not visitors or contractors as defined above,
and who are parties, representatives of parties, or witnesses do not
need to attest to their vaccination status to attend an in-person
FMSHRC hearing, and Judges shall not inquire into their vaccination
status. However, they must adhere to the agency's workplace safety plan
and CDC guidance on physical distancing and mask wearing.
Furthermore, in the event an in-person hearing is held in a
location where the CDC Community Level is MEDIUM or HIGH, all persons
attending the hearing, including visitors and contractors, as well as
non-government parties, representatives, and witnesses, must present a
completed FMSHRC COVID-19 Screening Tool form for review. The FMSHRC
COVID-19 Screening Tool form is available in Appendix C of the agency's
workplace safety plan. Individuals who plan to attend a hearing can
also obtain a copy of the form by contacting a Judge's office.
The Judge may consider all factors, in totality, in determining if
a remote hearing will be held and who may be present for the hearing.
No single factor is dispositive.
These procedures shall remain in place until the July 11 order is
vacated or otherwise modified by subsequent order.
Authority: 30 U.S.C. 823; 29 CFR part 2700.
[[Page 42727]]
Dated: July 12, 2022.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review
Commission.
[FR Doc. 2022-15277 Filed 7-15-22; 8:45 am]
BILLING CODE 6735-01-P
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</html>Indexed from Federal Register on July 18, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.