EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of C D & R Oil, Inc. – Denial of petition for reconsideration

The employer initiated its appeal 155 days late. The board denied the late appeal finding that the employer did not show good cause for filing the appeal late. The employer filed a petition for reconsideration alleging that the person who filed the appeal did not recall seeing or reading the page that says that an employer has 15 working days from receipt of a citation … to file an appeal with the appeals board. The board found that the citations clearly stated that an employer only has 15 working days from receipt of a citation to appeal. The board found that the employer did not act with the degree of care required pursuant to the similar case of Timothy J. Kock.

C D & R Oil, Inc. 04-9025 (Word)
C D & R Oil, Inc. 04-9025 (Adobe Acrobat)

May 26, 2004