[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1611.3]



[Page 938]

 

                   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 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.