MBH Builders, Inc. (Commission decision, November 26, 1996)

Plain-English summary

The judge entered a default judgment against MBH Builders and affirmed the citations and proposed penalties. MBH petitioned the Commission for discretionary review but did not respond to the briefing notice. A later certified-mail order requiring the company to file its brief was returned unclaimed. The Commission dismissed the petition and affirmed the judge's decision.

Decision snapshot

• Cited standard(s): No specific OSHA standard number is identified in the decision.
• Outcome: MBH's review petition was dismissed, and the default order affirming the citations and proposed penalties remained in effect.
• Key point: A party that petitions for Commission review must comply with briefing orders or risk dismissal of the petition.

Full text (OSHRC public release)

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

Office of
Phone: (202) 606-5 100
Executive Secretary
Fax: (202) 606-505

SECRETARY OF LABOR,

Complainant,

v. .. OSHRC Docket No. 95-0843
.
.
MBH BUILDERS, INC.,
..
..

Respondent.
..

ORDER

MBH Builders, Inc., (MBH) filed a petition for discretionary review in this case, however, it failed to respond to the Commission’s briefing notice. A subsequent order issued to MBH by certified mail requiring MBH to file its brief has been returned as unclaimed. In view of MBH’s failure to respond, its petition for discretionary review is dismissed and the administrative law judge’s decision is affirmed.

So ordered.

BY DIRECTION OF THE COMMISSION

Date: November 26; 1996
1\Lj
Ray H. Darling, Jr.
Executive Secretary

OSHRC No. 33
95-0843

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

Tedrick Housh, Jr.
Office of the Solicitor, U.S. DOL
12 10 City Center Square B
1100 Main Street
Kansas City, MO 64105

Mark Hummel
MBH Builders, Inc.
P. 0. Box 1113
Parker, CO 80134
 United States of America
OCCUPATIONAL SAFETY AND EIEALTEtREVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-34 19

Phone:(202)606-5400
Fax:(202)606-5050
SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 95-0843
MBH BUILDERS, INC.
Respondent.

NOTICE OF DOCKETING
OF ~~STRATIVE
LAW JUDGE’S DECISION
The Administrative Law Judge’s Re ort in the above referenced case was
docketed with the Commission on July P 1996. The decision of the Judge will become a final order of the Commi&ion on July 31, 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 etition should be received by the Executive Secret on or before July 22, 1B96 in order to ermit sufficient time for its review. Y ee Commrssion Rule 91, 29 5 .F.R. 2200.91. All further pleadings or communications regarding this case shah 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 shah also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DO5
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 havmg questions about review nghts may contact the Commission’s Executive Secretary or call (202) 606-5400.

Date: July 1, 1996
DOCKET NO. 950843
NOTICE IS GIVEN TO THE FOLLOWING:

Tedrick House, Esq.
Re ‘onal Solicitor
O&e of the Solicitor U.S. DOL
1210 City Center Squhe
1100 Main Street
Kansas City, MO 64105

Mark B. Hummel, President
MBH Builders, Inc.
17943 East Utah Place
Aurora, CO 80017

Sidney J. Goldstein
Administrative Law Jud e
Occupational Safety an d Health
Review Commission
Room 250
1244 North S eer Boulevard
Denver, CO iJ0204 3584

00109571810:08
 UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,

Complainant,

v. OSHRC DOCKET
NO. 95-0843

MBH BUILDERS, INC.,

Respondent.
----II-----------------------------

ORDER

The Secretary's Motion for Default Judgment is hereby GRANTED. Respondent is hereby declared in ' default and the citations and proposed penalties are hereby AFFIRMED.
IT IS SO ORDERED.
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Dated: June 21, 1996