EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Leiner Health Products - DAR

Employer seeks relief from a Board ruling denying Employer's request to file an appeal 749 days late. Employer asserted that the Division could not prove that it had served the citation so the 15 day filing limit had never begun to run. The Board rejected that assertion because the Division produced a certified mail return receipt for the citation signed by Employer. Employer also asserted that it had timely appealed by FAX but produced no time stamped copy. Based upon that omission and other factors, such as no follow-up by Employer, the Board determined that Employer had not proven that it timely filed the citation. Thus, no cause to allow the late filing was found to exist and the Employer was denied relief.

LEINER HEALTH PRODUCTS 01-9180 DAR 1/11/02