EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Shasta Constructors, Inc. – Denial of Petition for Reconsideration

Employer timely notified the Board by phone of its intent to appeal on July 6, 2001. On July 10, 2001 the Board sent Employer an appeal form to be completed and returned. When the appeal was not perfected by submitting the written appeal by November 6, 2001, the Board closed its file. Employer's request to file a late appeal was denied and Employer petitioned for reconsideration on the ground that the appeal was forgotten because the appeal from inadvertently got filed by Employer instead of going to the vice president. The Board held that internal operating problems do not excuse the lateness of an appeal. Reconsideration was denied.

SHASTA CONSTRUCTORS, INC. 01-9236
May 29, 2002