Brand Scaffold Services, Inc.

Plain-English summary

OSHA's citation was received by Brand Scaffold Services on June 6, 1988, but the company did not submit its notice of contest until late September. The judge dismissed the contest because it was not filed within the statutory 15-working-day period and affirmed the serious citation. Brand later asked to withdraw its petition for discretionary review and to vacate the direction for review. The Commission granted that request, making the judge's dismissal order final.

Decision snapshot

• Cited standard(s): Not stated in the decision.
• Outcome: Petition for review withdrawn; late notice of contest dismissed and serious citation affirmed.
• Key point: An uncontested citation becomes final when the employer does not file a notice of contest within 15 working days.

Full text (OSHRC public release)

Docket No. 88-2768

SECRETARY OF LABOR,

Complainant,

v.

Brand Scaffold Services, Inc., Respondent.

OSHRC Docket No. 88-2768

ORDER

The Commission construes the Respondent's letter as a motion to
withdraw the Respondent's Petition for Discretionary Review and to vacate the Direction
for Review and grants the motion. Accordingly, Administrative Law Judge Sparks' decision
dismissing the Respondent's Notice of Contest and affirming the serious citation becomes
the final order of the Commission.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: March 16, 1989

SECRETARY OF LABOR,

Complainant,

v.

BRAND SCAFFOLD SERVICES, INC.,

Respondent.

OSHRC Docket No. 88-2768

ORDER DISMISSING

NOTICE OF CONTEST

On December 12, 1988, complainant served upon Ron Fowler,
President, Brand Scaffold Services, Inc., a motion to dismiss the employer's notice of
contest on the ground that it was not timely filed.

In an affidavit, Arnis Andersons, Area Director, Toledo Area
Office, Occupational Safety and Health Administration, stated that the citation was issued
June 1, 1988. A return receipt for certified mail reflects that the citation was received
June 6, 1988. A notice of contest dated September 27, 1988, was received September 29,
1988. No notice of contest was received within 15 working days.

No response to the motion to dismiss has been received from
Brand Scaffold Services, Inc.

Section 10(a) of the Act provides that if no notice of contest
is received within 15 working days, the citation becomes a final order. It states as
follows:

If, within fifteen working days from the receipt of the notice issued by the Secretary the
employer fails to notify the Secretary that he intends to contest the citation or proposed
assessment of penalty, and no notice is filed by any employee or representative of
employees under subsection (c) within such time, the citation and the assessment, as
proposed, shall be deemed a final order of the Commission and not subject to review by any
court or agency.

See the decisions of the Review Commission in Louisiana-Pacific
Corporation, __ OSAHRC , __ BNA OSHC , __ CCH OSHD (P) _ (Docket No. 86-1266,
January 27, 1989); Roy Kay, Inc., __ OSAHRC _, __ BNA OSHC , __ CCH OSHD (P) __ (Docket
No. 88-1748, January 27, 1989).

Accordingly, it is ORDERED:

1. Respondent's notice of contest is dismissed.

2. The citation is affirmed.

Dated this 3rd day of February, 1989.

JOE D. SPARKS

Judge