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Ezel / Agency Decisions / 03-2167-alj
OSHRC ALJ decision Docket 03-2167 Decided February 13, 2004 Procedural Judge Irving Sommer

Gillette Masonry, Inc.

Unopposed late contest dismissed

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This order from 2004 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 2004
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 It binds the parties but is not binding precedent in other cases.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 Gillette Masonry serious and other-than-serious citations with a $500 penalty after inspecting its Pennsylvania workplace. The company submitted its notice of contest after the 15-working-day deadline. The Secretary moved to dismiss the late filing, and the employer filed no response. The judge granted the motion and affirmed the citations in all respects.

Decision snapshot

  • Cited standard(s): None specified in this late-filing order.
  • Outcome: The late notice of contest was dismissed, and both citations and the $500 penalty were affirmed.
  • Key point: An employer that misses the contest deadline and does not oppose dismissal loses the opportunity for merits review.

Full text (OSHRC public release)

SECRETARY OF LABOR,
Complainant,
V. OSHRC Docket No. 03-2167
GILLETTE MASONRY, Inc.,
Respondent.

                               DECISION AND ORDER


    Following an inspection of the Respondent’s place of business in Linesville, PA, the

Secretary issued two citations on September 25, 20003, alleging serious and other than serious
violations of the Occupational Safety and Health Act of 1970, 28 U.S.C. 651 et seq. with a
penalty of $500.00. The citations were received by the Respondent on September 29, 20003.
Section 10(a) of the Act requires an employer to notify the Secretary of the intent to contest a
citation within 15 working days of receipt, and the failure to file a timely notice results in the
citation becoming a final order of the Commission by operation of law. The Respondent�s notice
of contest was due no later than October 21, 20003. The Respondent�s notice of contest was dated
October 22, 20003, but was postmarked October 29, 20003, and was received by the Secretary on
October 31, 20003. The Secretary filed a motion to dismiss the Respondent�s late notice of
contest on December 12, 20003. There was no response filed to the motion.
The Secretary�s motion to dismiss the Respondent’s notice of contest is GRANTED, and
the citations issued herein are AFFIRMED in all respects.

SO ORDERED.

                                                        IRVING Sommer
                                                        Chief Judge

DATED: January 12, 2004
Washington, D.C.

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