Saturday, July 02, 2005

Admissibility of OSHA Reports

A reader inquires:
OSHA reports obviously fall under the umbrella of Texas Rule of Evidence 803(8). However, in order to get the opinions of the investigator admitted, is it a necessity to have the investigator qualified under Daubert/Robinson, or is that up to the discretion of the Court? Authority seems to point in different directions. Any response is welcome.
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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.