EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Narco Plastering - Denial of Petition for Reconsideration

Employer’s owner received an envelope containing citations on August 20, 2001 and gave it, unopened, to the secretary. The owner was on vacation from August 21, 2001 through September 24, 2001. When he returned he found the unopened letter, noted that the appeal deadline was September 11, 2001 and called the Board on September 25, 2001 to notify the Board of his intent to appeal, 14 days late. The secretary says she misplaced the envelope which is why it was still unopened when the owner returned from vacation. Citing its decision in Kaweah, the Board holds that the lateness was caused by an internal operating problem that does not justify granting the motion to file a late appeal.

NARCO PLASTERING 01-9229
June 24, 2002