EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Samson Motorcycle Products, Inc. – Denial of petition for reconsideration

After initiating appeals from citations for a serious violation of section 3273(i) [guard on machinery] and general violations of section 2340.17 [guards on energized parts of equipment] and section 4650(c) [secured compressed gas tanks], the employer moved to withdraw its appeals following a pre-hearing conference. The ALJ granted the motion and issued an order on 1/20/04, however, on 3/3/04 the employer filed a petition for reconsideration requesting “another appeal”. The board noted that under Labor Code section 6614(a), a petition for reconsideration is timely when filed within thirty days of any final order or decision. However, as the ALJ’s disposition of the appeal was served by mail, the employer had until 2/24/04 to file a petition for reconsideration pursuant to section 348(c). Consequently, as time limitations are jurisdictional, and the employer’s petition was filed eight days after the statutory deadline, the board lacked jurisdiction to review the petition. Furthermore, the employer’s petition was found to be unverified, and served on the division inconsistent with Labor Code section 6619.

Samson Motorcycle Products, Inc., 03-1108 (Word)
Samson Motorcycle Products, Inc., 03-1108 (Adobe Acrobat)

April 21, 2004