OSHA policy that federal officials not act as witnesses in private party litigation

January 6, 2003

Mr. Douglas J. Suter
Isaac, Brant, Ledman, & Teetor, LLP
250 East Broad Street
Columbus, Ohio 43215

Re: Request to testify in private litigation; residential construction; expert witness

Dear Mr. Suter:

This is in response to your letter of October 24, 2002, to Mr. Michael G. Connors. You ask the Occupational Safety and Health Administration (OSHA) to allow Mr. Richard Burns of our Columbus Area Office to participate in a trial as an expert witness.

Because such testimony would divert agency personnel away from government duties, it is OSHA's general policy that federal officials not participate as expert witnesses in private party litigation. ¹ Therefore, your request is denied.

If you have further concerns or questions, please feel free to contact us again by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

Sincerely,

Russell B. Swanson, Director
Directorate of Construction

¹Demands by a court or other authority for Department of Labor officials to testify in private litigation are governed by 29 CFR Part 2.