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OSHRC Commission decision Docket 17-0992 Decided January 23, 2020 Remanded

Coleman Hammons Construction Co., Inc.

Case returned after court reversal

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Currency note: this decision dates from 2020
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.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. 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

The Commission had previously affirmed an administrative law judge's dismissal of Coleman Hammons Construction's late notice of contest. The U.S. Court of Appeals for the Fifth Circuit reversed that decision and returned the case to the Commission. Acting on the court's mandate, the Commission remanded the case to the judge for further proceedings consistent with the appellate opinion. This order does not resolve the underlying OSHA citations or penalties.

Decision snapshot

  • Cited standard(s): None identified in this remand order.
  • Outcome: The case was remanded to the administrative law judge after the Fifth Circuit reversed the late-contest dismissal.
  • Key point: A court reversal required renewed proceedings on the employer's contest.

Full text (OSHRC public release)


Document

United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20 Street, N.W., Ninth Floor th

Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant,

v.
OSHRC Docket No. 17-0992

COLEMAN HAMMONS CONSTRUCTION

CO.,

Respondent.

REMAND ORDER

Before: SULLIVAN, Chairman; ATTWOOD and LAIHOW, Commissioners

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals

for the Fifth Circuit.
Coleman Hammons Constr. Co. v. OSHRC , 942 F.3d 279 (5th Cir. 2019).

The Commission affirmed a decision by Administrative Law Judge Heather A. Joys granting the

Secretary’s motion to dismiss Respondent’s late notice of contest.
Sec’y of Labor v. Coleman

Hammons Constr. Co. , No. 17-0992, 2018 WL 3048421, at *3 (OSHRC June 13, 2018). On

appeal, the Fifth Circuit reversed the Commission’s decision. 942 F.3d at 285. By mandate filed

December 30, 2019, the court remanded this case to the Commission. We, in turn, remand this

case to the judge for further proceedings consistent with the court’s opinion.

SO ORDERED.

/s/_______

James J. Sullivan, Jr.

Chairman

/s/_______

Cynthia L. Attwood

Commissioner

/s/_______

Amanda W. Laihow

Dated: January 23, 2020
Commissioner

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