EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of C-Dad, Inc. – Denial of petition for reconsideration

Employer filed timely appeals to multiple violations of safety orders, however, failed to appear at the scheduled hearing. Several months later, the board sent to employer a “Notice of Intent to Dismiss Appeals” giving employer 10 days to provide the board with a statement containing sufficient facts to show that employer’s failure to appear was reasonable and for good cause. The board did not receive a statement from employer. On May 29, 2002, the board issued an order dismissing employer’s appeal. On July 3, 2003, employer petitioned for reconsideration alleging they were only following the instructions of another entity and that employer was no longer in business. A petition for reconsideration is timely if filed within 30 days after the service of any final order of the board. Employer’s petition was filed over thirteen months past the statutorily proscribed time. Since the time period is jurisdictional, the board is without jurisdiction to review employer’s petition and the order dismissing the appeal was final and not subject to review.

C-Dad, Inc., 01-436 (MS Word)
C-Dad, Inc., 01-436 (Adobe Acrobat)

August 27, 2003