EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Mountain Cascade, Inc. - DAR

A Division Compliance Officer personally served a citation in the field on Employer’s site foreman. There was no certified mail service on Employer. The Division did not prove that the site foreman was “responsible for Employer’s business affairs”, so the personal service was defective under North Bay Construction 80-1981 (see also Abbett Electric 79-1449). Six months had expired since the occurrence of the violation, hence, under Labor Code section 6317, the Division could not cure the defective service issue with present service. A petition for reconsideration was filed because Employer’s motion to file a late appeal was denied. Since the Division’s service defect cannot be cured, the Board sets the citation and civil penalty aside.

Mountain Cascade, Inc., 02-9013
November 1, 2002