Industrial Steel Enterprises, Inc.

Plain-English summary

Industrial Steel Enterprises contested OSHA citations carrying $23,000 in proposed penalties but, representing itself, did not file an answer or respond to the Chief Administrative Law Judge's order to show cause. As a sanction, the judge dismissed the notice of contest and affirmed the citations and penalties in full. Industrial then sent a letter explaining that, based on discussions with the Secretary's counsel and the fact that the case was in a special settlement-oriented program, it had believed the matter would be resolved informally. The Commission construed the letter as a motion to set aside the sanctions under Commission Rule 41(b). Given Industrial's account, the settlement posture of the case, and the Secretary's failure to seek sanctions or object to the letter, the Commission set aside the sanctions and remanded the case to the judge for further proceedings, encouraging the parties to resolve it without a hearing.

Decision snapshot

• Cited standard(s): Not identified by number in this order; the document concerns a default sanction and remand, not the merits of the underlying citations.
• Outcome: Default sanctions set aside under Commission Rule 41(b); case remanded to the administrative law judge for further proceedings.
• Key point: A pro se employer's plausible belief that a case in a settlement program would be handled informally, unopposed by the Secretary, justified relief from a dismissal sanction.

Full text (OSHRC public release)

UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
One Lafayette Centre
1120 20th Street, N.W. - 9th Floor
Washington, DC 20036-3419

SECRETARY OF LABOR,
Complainant,
v. OSHRC Docket No. 95-1062
INDUSTRIAL STEEL ENTERPRISES, INC.,
Respondent.

ORDER

In its letter, which we construe as a motion to set aside sanctions under Commission Rule 41(b), Industrial Steel Enterprises, Inc. ("Industrial"), appearing pro se, asserts that it failed to file an answer, or respond to the show cause order issued by Chief Administrative Law Judge Irving Sommer,' because, inter alia, it thought, based on discussions with the Secretary's counsel, that the case would be resolved informally. It appears from the record that this case was in a special settlement-oriented program and efforts were being made to amicably resolve the case without full litigation. Industrial's account of what the Secretary's counsel told it, taken together with the case's settlement status and the Secretary's failure to ask for sanctions or to take exception to Industrial's letter, suggest that the best course is to set aside the sanctions under Commission Rule 41(b) and remand this case to the judge for further proceedings concerning Industrial's failure to file an answer or respond to the order to show cause. We hope that the Secretary and Industrial can mutually resolve this case, which involves significant proposed penalties of $23,000, thus obviating a need for a hearing before the judge. Accordingly, the case is remanded to the judge for further proceedings.

Stuart E. Weisberg
Chairman

Velma Montoya
Commissioner

Dated: March 8, 1996

'The language in the show cause orders issued by the Chief Administrative Law Judge has since been revised to explain, in plain English, what is required and the consequences of failing to act.

1996 OSHRC No. 11

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-34 19

Office of Executive Secretary
Phone: (202) 606-5 100
Fax: (202) 606-5050

SECRETARY OF LABOR,
Complainant,
V. Docket No. 95-1062
INDUSTRIAL STEEL ENTERPRISES, INC.,
Respondent.

NOTICE OF REMAND ORDER

The attached Order of Remand by the Occupational Safety and Health Review Commission was issued on March 8. 1996.

FOR THE COMMISSION

March 8. 1996
Date
Ray H. Darling, Jr.
Executive Secretary
Docket No. 95-1062

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Patricia Rodenhausen, Esq.
Regional Solicitor
Office of the Solicitor, U.S. DOL
201 Varick St., Room 707
New York, NY 10014

James J. Meilinger, Jr., President
Industrial Steel Enterpises, Inc.
335 Moorestown Drive
Bath, PA 18014

Irving Sommer
Administrative Law Judge
Occupational Safety and Health
Review Commission
One Lafayette Centre
1120 20th Street, Suite 990
Washington, D.C. 20036-3419

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-34 19
Phone: (202) 606-5 100
Fax: (202) 606-5050

SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET NO. 95-1062
INDUSTRIAL STEEL ENTERPRISES, INC.
Respondent.

NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE'S DECISION

The Administrative Law Judge's Report in the above referenced case was docketed with the Commission on January 19, 1996. The decision of the Judge will become a final order of the Commission on February 20,1996 unless a Commission member directs review of the decision on or before that date. ANY PARTY DESIRING REVIEW OF THE JUDGE'S DECISION BY THE COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW. Any such petition should be received by the Executive Secretary on or before February 1996 in order to permit sufficient time for its review. See Commission Rule 91, 29 C.F.R. 2200.91.

All further pleadings or communications regarding this case shall be addressed to:
Executive Secretary
Occupational Safety and Health
Review Commission
1120 20th St. N.W., Suite 980
Washington, D.C. 20036-3419

Petitioning parties shall also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210

If a Direction for Review is issued by the Commission, then the Counsel for Regional Trial Litigation will represent the Department of Labor. Any party having questions about review rights may contact the Commission's Executive Secretary or call (202) 606-5400.

FOR THE COMMISSION

Date: January 19, 1996
DOCKET NO. 95-1062
NOTICE IS GIVEN TO THE FOLLOWING:

Patricia Rodenhausen, Esq.
Regional Solicitor
Office of the Solicitor U.S. DOL
201 Varick, Room 707
New York, NY 10014

Robert W. Parente, Vice-President
Industrial Steel Enterprises, Inc.
4100 Freemansburg Avenue
Easton, PA 18012

Irvin Sommer
Chief Administrative Law Judge
Occupational Safety and Health
Review Commission
One Lafayette Centre
1120 20th St. N.W., Suite 990
Washington, DC 20036 3419

00109035808 : 02

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Secretary of Labor,
Complainant,
V. OSHRC DOCKET NO. 95-1062
INDUSTRIAL STEEL ENTERPRISES, INC.
Respondent.

ORDER

On 10/20/95 the undersigned issued an ORDER TO SHOW CAUSE to the Respondent as to why his Notice of Contest should not be dismissed for failure to file an answer to the complaint as required by the Commission Rules of Procedure. The Respondent failed to reply to the ORDER. His actions demonstrate either that he has abandoned the case or treats the Rules of Procedure of the Commission with disdain. This cannot be countenanced as it seriously impedes the administration of justice.

Accordingly, the Notice of Contest filed by the Respondent is dismissed. The Secretary's citation(s) and proposed penalties are AFFIRMED in all respects.

Chief Judge

DATE: 1996
Washington, D.C.