[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: 40CFR1611.4]

[Page 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. 1611.4  Manner in which testimony is given in civil litigation.

    (a) Testimony of CSB employees with unique, firsthand information 
may be made available for use in civil actions or civil suits for 
damages arising out of incidents through depositions or written 
interrogatories. CSB employees are not permitted to appear and testify 
in court in such actions.
    (b) Normally, depositions will be taken and interrogatories answered 
at the CSB's headquarters in Washington, DC, and at a time arranged with 
the employee reasonably fixed to avoid substantial interference with the 
performance of his or her duties.
    (c) CSB employees are authorized to testify only once in connection 
with any investigation they have made of an incident. Consequently, when 
more than one civil lawsuit arises as a result of an incident, it shall 
be the duty of counsel seeking the employee's deposition to ascertain 
the identity of all parties to the multiple lawsuits and their counsel, 
and to advise them of the fact that a deposition has been granted, so 
that all interested parties may be afforded the opportunity to 
participate therein.
    (d) Upon completion of the deposition of a CSB employee, the 
original of the transcript will be provided to the deponent for 
signature and correction, which the CSB does not waive. A copy of the 
transcript of the testimony and any videotape shall be furnished, at the 
expense of the party requesting the deposition, to the CSB's General 
Counsel at Washington, DC headquarters for the CSB's files.
    (e) If CSB employees are required to travel to testify, under the 
relevant substantive and procedural laws and regulations the party 
requesting the testimony must pay for the costs, including travel 
expenses. Costs must be paid by check or money order payable to the 
Chemical Safety and Hazard Investigation Board.