[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: 40CFR1611.4]



[Page 938-939]

 

                   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.



[[Page 939]]



    (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.