EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Wesley Burnet dba Environ – DAR

The Division and Employer agreed to settle one case by submitting a written stipulation to the Board. The Division prepared the stipulation. Employer was asked to come to the Division office to sign the stipulation but did not. The Board reset the case for hearing. The Division failed to show because the attorney thought the hearing was set for a later date and the Board dismissed the citations. The Division’s internal office problems are insufficient cause for reinstating the citations (Cleveland Wrecking). The motion to reinstate the appeal was denied. Dockets 99-1896 and 97 pertained to another inspection but were included in the written stipulation and inadvertently got dismissed with the others. They had not been noticed for the hearing that the Division missed so they were reinstated and remanded for hearing.

Wesley Burnet dba Environ 01-491
September 23, 2002