EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of JA Farm Labor, Inc. – Denial of petition for reconsideration

Employer did not initiate its appeal from a citation until 12 days after the time line of 15 working days had expired. Employer submitted a letter of explanation for their late appeal. The board found that employer failed to provide good cause for the late filing. On August 28, 2002, the board refused to accept the late appeal and on August 18, 2003, employer petitioned for reconsideration. The board denied employer’s petition because it was filed over eleven months after the statutory deadline of 30 days which is required under Labor Code section 6614(a). Longstanding board precedent establishes that the board does not have jurisdiction to accept late petitions.

J. A. Farm Labor, 02-9108 (MS Word)
J. A. Farm Labor, 02-9108 (Adobe Acrobat)
October 7, 2003