EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Avexco, Inc. – Denial of Petition for Reconsideration

Employer initiated its appeal by phone and the Board sent an appeal form to Employer. Employer’s safety consultant phoned the Board and requested that an appeal form be sent to another address for employer, which was done. The case was closed because no appeal forms were returned to the Board. Employer’s President sent a subsequent letter to the Board requesting that the appeal be re-opened based upon a “withholding” of the second mailing of the appeal form that did not timely reach the President, “lost and confused mailing situations,” and the President’s limited English skills, which led to confusion and miscommunication regarding the appeal process. Employer’s petition to reopen the appeal (reconsideration of the order closing the appeal for failure to perfect the appeal) was denied. No allegation was made that the appeal form was not received--only that the delay was due to an internal processing of mail. Internal operating problems do not constitute good cause for filing a late appeal. Appeals should be pursued with the degree of care a reasonably prudent person would undertake in dealing with his or her most important legal affairs. (Timothy J. Kock, Cal/OSHA App. 01-9135, DAR, 11/20/01). These responsibilities include taking appropriate steps to understand the appeal procedures. Non-English speaking employers who conduct business in the State must undertake actions to fully understand the requirements and comply with the procedures for pursuing an appeal initiated by them.

Avexco, Inc., 01-9210
March 26, 2002