Con-Lin Construction Company (Commission decision, December 5, 1983)

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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