EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of JOHN GRIFFIN CONSTRUCTION - DAR


There was a disposition at hearing. Employer sought reconsideration on the grounds that he discovered after the disposition that another safety order was more specifically applicable, that he assumed the hearing would be continued and he did not have a reasonable opportunity to make an informed decision regarding the disposition. Also, Employer alleged that the employee who the Division based Employer's knowledge upon was not a supervisor. Reconsideration was denied. A newly discovered legal argument (ineffective anyway) is not a ground for reconsideration; Employer's assumption that a continuance would be granted was not reasonable; and, Employer did not show it could not have discovered evidence regarding the status of the putative supervisor before the hearing.

JOHN GRIFFIN CONSTRUCTION, INC.
(DENIAL OF PETITION FOR RECONSIDERATION) 99-R4D4-566
April 20, 2000