Contractors Crane Service, Inc.

Plain-English summary

Contractors Crane Service, Inc., a Vermont company representing itself, contested OSHA citations but did not file an answer to the Secretary's complaint. Chief Administrative Law Judge Irving Sommer issued an order to show cause, and when the company did not respond, he dismissed its notice of contest and affirmed the citations and penalties in all respects. The company then gave the Commission reasons for its lapse. The Commission found those reasons sufficient under Rule 41(b) to vacate the judge's dismissal order. It reinstated the company's notice of contest and remanded the case to the judge for further proceedings, so the contest can be heard on the merits.

Decision snapshot

• Cited standard(s): None identified in this order; it concerns dismissal of a notice of contest under the Commission's procedural rules (Rule 41(b)).
• Outcome: Remanded. The judge's dismissal order is vacated, the notice of contest is reinstated, and the case is sent back to the judge.
• Key point: A pro se employer whose notice of contest was dismissed for failing to answer can have that dismissal set aside under Rule 41(b) if it later shows sufficient reasons for the default.

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. 95-1310
CONTRACTORS CRANE SERVICE, INC.
Respondent.

BEFORE: WEISBERG, Chairman; and MONTOYA, Commissioner.

The pro se Respondent has provided reasons deemed sufficient by the Commission under Rule 41(b) to vacate the judge's order dismissing its notice of contest. Accordingly, we reinstate Respondent's notice of contest and remand this case to the judge for further proceedings.

Stuart E. Weisberg
Chairman

[Velma Montoya]
Commissioner

Dated January 19, 1996

[1996 OSHRC No. 1]

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-3419

Office of Executive Secretary
Phone: (202) 606-5100
Fax: (202) 606-5050

SECRETARY OF LABOR,
Complainant,
v. OSHRC Docket No. 95-1310
CONTRACTORS CRANE SERVICE, INC.,
Respondent.

NOTICE OF REMAND ORDER

The attached Order of Remand by the Occupational Safety and Health Review Commission was issued on January 19, 1996.

FOR THE COMMISSION

Date: January 19, 1996
[Executive Secretary]

95-1310

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Frank V. McDermott, Jr.,
Regional Solicitor
Office of the Solicitor, U.S. DOL
One Congress Street
P.O. Box 8396
Boston, MA 02114

Kevin Corain, Controller
Contractors Crane Service, Inc.
Munson Avenue
Morrisville, VT 05661

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

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-3419
Phone: (202) 606-5400
Fax: (202) 606-5050

SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET NO. 95-1310
CONTRACTOR CRANE SERVICES, 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 November 27, 1995. The decision of the Judge will become a final order of the Commission on December 27, 1995 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 December 18, 1995 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 Litigation
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.

Date: November 27, 1995

DOCKET NO. 95-1310

NOTICE IS GIVEN TO THE FOLLOWING:

Frank V. McDermott, Jr.
Acting Regional Solicitor
Office of the Solicitor, U.S. DOL
One Congress Street, 11th Floor
P.O. Box 8396
Boston, MA 02114

Raymond J. Chauvin, President
Contractor Crane Service, Inc.
Munson Avenue
Morrisville, VT 05661

Irving 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

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Secretary of Labor,
Complainant,
v. OSHRC DOCKET NO. 95-1310
CONTRACTOR CRANE SERVICES, INC.
Respondent.

On 10/10/95 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.

IRVING SOMMER
Chief Judge

DATE: Nov 27 1995
Washington, D.C.