EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Circle K Ranch – Denial of petition for reconsideration

The employer initiated an appeal by letter from general violations of section 3457(c)(3)(B) [clean toilets] and section 3457(c)(3)(C) [toilet paper]. In response, the board sent the employer an appeal form with instructions for its completion and return. Upon expiration of the deadline to return the form, a closing letter was sent to the employer with instructions that the appeal could only be re-opened upon receipt of a written request. However, the employer failed to contact the board by the deadline. Consequently, the board issued an Order closing appeal as the employer demonstrated no good cause for the lengthy delay. The board found that the employer lacked good cause sufficient to justify the unreasonable and unexplained time delay. Moreover, the board found that any attempt to contact the division regarding the status of the appeal during the period of delay did not excuse the employer from complying with the requirement that a completed appeal form be filed with the board.

Circle K Ranch, 03-9438 (Word)
Circle K Ranch, 03-9438 (Adobe Acrobat)

April 23, 2004