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Ezel / Agency Decisions / 3481-commission
OSHRC Commission decision Docket 3481 Decided October 15, 1973 Procedural

W.W. Arnold Construction Co., Inc.

Contest reinstated after complaint-service issue

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This is citable Commission precedent from 1973, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1973
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

A Commission judge dismissed W.W. Arnold Construction's notice of contest because the company had not answered the Secretary's complaint. The company stated that it never received a copy of the complaint. The Commission directed review, reinstated the case, and gave the company 15 days after receiving the order to file its answer. The official release does not identify the underlying standards or penalties.

Decision snapshot

  • Cited standard(s): None identified in the official release.
  • Outcome: The dismissal was set aside, the contest was reinstated, and the company received 15 days to answer.
  • Key point: The employer received an opportunity to answer after asserting that the complaint had not been served on it.

Full text (OSHRC public release)

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EN-US
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET NO. 3481

W.W.
ARNOLD CONSTRUCTION CO., INC.

���������������������������������������������
Respondent.

DIRECTION
FOR REVIEW AND REINSTATEMENT ORDER

October 15, 1973

Before MORAN, Chairman;
VAN NAMEE and CLEARY, Commissioners

MORAN, CHAIRMAN:

On
September 26, 1973, Review Commission Judge Herbert E. Bates granted the
complainant�s motion dated August 21, 1973, to dismiss the respondent�s notice
of contest for failure to answer the complaint.

Review
of that ruling is hereby directed.

The
Commission�s disposition upon review is to reinstate this case in order to give
respondent an opportunity to file its answer since it claims that it did not
receive a copy of the complaint.

Respondent
is allowed 15 days from its receipt of this order to file an answer to the
complaint.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET NO. 3481

W.W.
ARNOLD CONSTRUCTION CO., INC.

���������������������������������������������
Respondent.

September 26, 1973

BATES, JUDGE, OSAHRC:

Ruling on Secretary�s
motion to dismiss notice of contest; Granted.

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