Ezel / Agency Decisions / 83-0371-commission
OSHRC Commission decision Docket 83-0371 Decided December 5, 1983 Remanded

Con-Lin Construction Company

Notice of contest reinstated

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Currency note: this decision dates from 1983
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 judge affirmed a serious citation after finding Con-Lin's written notice of contest untimely. The record showed, however, that during the statutory contest period Con-Lin attended an informal conference, disputed the Secretary's position, and regarded that action as contesting the citation. The Commission set aside the judge's order, reinstated the notice of contest, and remanded for proceedings on the merits.

Decision snapshot

  • Cited standard(s): The official release does not identify the standard underlying the serious citation.
  • Outcome: Default affirmance set aside; notice of contest reinstated; case remanded.
  • Key point: A timely informal conference that clearly disputes the Secretary's position may support reinstatement when the employer understood it to constitute a contest.

Full text (OSHRC public release)

Docket No. 83-0371

SECRETARY OF LABOR,

Complainant,

v.

CON-LIN CONSTRUCTION COMPANY,

Respondent.

OSHRC Docket No. 83-0371

REMAND ORDER

Administrative Law Judge Irving Sommer affirmed a citation alleging a serious violation on
the ground that Respondent's notice of contest had been untimely filed. The record,
however, indicates that within the time period for contesting a citation Respondent met
with representatives of the Secretary at an informal conference. Respondent disputed the
Secretary's position as expressed at this conference and regards the conference as a
contest of the citation. In these circumstances, we set aside the judge's order and
reinstate the notice of contest. See Merritt Electric Co., Inc ., 81 OSAHRC 75/D4, 9
BNA OSHC 2088, 1981 CCH OSHD � 25,556 (No. 77-3772, 1981). Accordingly, we remand this
matter for proceedings on the merits of the alleged violation.

SO ORDERED.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

DATED: DEC 5 1983

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