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Ezel / Agency Decisions / 01-0399-alj
OSHRC ALJ decision Docket 01-0399 Decided September 13, 2001 Procedural Judge Irving Sommer

Rencor, Inc.

Default judgment affirms a $3,600 citation after the employer failed to appear

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This order from 2001 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current OSHA standards and Commission precedent, with citations.

Currency note: this decision dates from 2001
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

OSHA issued Rencor, Inc. a serious citation with a $3,600 penalty on December 4, 2000. The Secretary of Labor moved to dismiss the company's notice of contest as untimely and a hearing on that motion was scheduled in New York. The Secretary appeared ready for trial with witnesses, but no one from Rencor showed up when the case was called. The judge granted the Secretary's motion for a default. As a result, the serious citation and its $3,600 penalty were affirmed. This was a procedural default, not a decision on the safety merits.

Decision snapshot

  • Cited standard(s): None identified in this order.
  • Outcome: Default granted for the Secretary; the serious citation and $3,600 penalty affirmed.
  • Key point: An employer that fails to appear to defend its late contest can have the citation entered against it by default.

Full text (OSHRC public release)

                    UNITED STATES OF AMERICA
        OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


                                        :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : Docket No. 01-0399
:
RENCOR, INC., :
:
Respondent. :
:
:

Appearance: Vivien Ranada, Esq., For the Secretary No Appearance by Respondent
BEFORE: Chief Judge Irving Sommer
DECISION AND ORDER
On April 6, 2001 the Secretary moved to dismiss the Respondent's notice of contest as
untimely. A hearing was scheduled on the motion for July 26, 2001 in New York, N.Y.
The Secretary appeared with her witnesses ready for trial. The Respondent was not present
when the case was called. The motion by the Secretary for a default was granted.
The serious citation in amount of $3600 issued on December 4, 2000 is AFFIRMED.

                                                        /s/
                                                 IRVING SOMMER
                                                 Chief Judge

DATED: 9 AUG 2001
Washington, D.C.

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