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Ezel / Agency Decisions / 02-1443-alj
OSHRC ALJ decision Docket 02-1443 Decided May 8, 2003 Procedural Judge Irving Sommer

GFW Construction

Contest dismissed for ignoring discovery order

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This order from 2003 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 2003
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 It binds the parties but is not binding precedent in other cases.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

GFW Construction failed to answer the Secretary's interrogatories even after the judge ordered a full response within five days and warned that noncompliance would lead to sanctions. GFW also did not respond to the Secretary's sanctions motion. Finding that the refusal to comply was conscious, intentional, and unjustified, the judge granted sanctions, dismissed GFW's notice of contest, and affirmed the citation as issued.

Decision snapshot

  • Cited standard(s): No specific OSHA standard number is identified in the order.
  • Outcome: The notice of contest was dismissed and the August 2, 2002 citation was affirmed as issued.
  • Key point: Conscious and unjustified refusal to obey a discovery order can result in dismissal of an employer's notice of contest.

Full text (OSHRC public release)

SECRETARY OF LABOR,
Complainant,
v. Docket No. 02-1443
GFW CONSTRUCTION,
Respondent.

                                          ORDER

    The Secretary filed a Motion for Sanctions to be imposed herein for Respondent�s failure

to comply with an Order of the undersigned dated February 21, 2003 directing the Respondent “to
respond fully and completely to the interrogatories forwarded by the Secretary within five days of
receipt of this order. Failure to comply literally with the order will result in the imposition of
appropriate sanctions.” The Respondent did not file a response to the motion.

     The record demonstrates that after issue was joined herein the Secretary filed

interrogatories on the Respondent which were not responded to, resulting in a motion filed with the
undersigned on February 7, 2003 compelling a response to said discovery request. On February 21,
2003 the undersigned issued an order directing a full response to the interrogatories.

    The Respondent�s attorney was made aware of the importance of compliance with the

February 21, 2003 order and completely disregarded it without any justifiable reason put forth. It is
obvious that the refusal to answer the interrogatories, and the order issued was conscious and
intentional.

    The Secretary�s motion for sanctions is GRANTED. The Respondent�s notice of contest is

DISMISSED, and the citation dated August 2, 2002 is AFFIRMED, as issued.

                                           /s/
                                           IRVING SOMMER
                                           Chief Judge

DATED: April 7, 2003
Washington, D.C.

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