OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Brinks Incorporated - DAR

Employer was cited for failure to abate an underlying citation that was served on Employer but not on Employer's lawyer, whom the Division knew represented Employer. The Board ruled that if the Division knows before a citation is issued that an employer is represented by a lawyer on that issue, the Division must serve the lawyer for the service to be valid. Hence, the Board affirmed the ALJ’s decision granting Employer’s appeal because the underlying citation was not properly served.

BRINKS INCORPORATED 97-2197
April 26, 2001