[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1611.3]

[Page 532-533]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
 
PART 1611--TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS--Table of Contents
 
Sec. 1611.3  Scope of permissible testimony.

    (a) The statute creating the CSB, 42 U.S.C. 7412(r)(6)(G), precludes 
the use or admission into evidence of CSB investigative reports in any 
suit or action for damages arising from such incidents. This provision 
would be undermined if expert opinion testimony of CSB employees, which 
may be reflected in the views of the CSB expressed in its reports, were 
admitted in evidence or used in litigation arising out of an incident. 
The CSB relies heavily upon its investigators' opinions in its 
deliberations. Furthermore, the use of CSB employees as experts to give 
opinion testimony would impose a significant administrative burden on 
the CSB's investigative staff.
    (b) For the reasons stated in paragraph (a) of this section and 
Sec. 1611.1, CSB employees may only testify as to the factual 
information they obtained during the course of an investigation. 
However, they shall decline to testify regarding matters beyond the 
scope of their investigation, and they shall not give any expert or 
opinion testimony.
    (c) CSB employees may testify about the firsthand information they 
obtained during an investigation that is not reasonably available 
elsewhere, including their own factual observations. Consistent with the 
principles cited in Sec. 1611.1 and this section, current CSB employees 
are not authorized to testify regarding other employee's observations or 
reports, or other types of CSB documents, including but not limited to 
safety recommendations, safety studies, safety proposals, safety 
accomplishments, reports labeled studies, and

[[Page 533]]

analysis reports, as they contain staff analysis and/or CSB conclusions.
    (d) Consistent with 42 U.S.C. 7412(r)(6)(G), a CSB employee may not 
use the CSB's investigation report for any purpose during his testimony.
    (e) No employee may testify in any matter absent advance approval by 
the General Counsel as provided in this part.