Executive Summary

Occupational Safety and Health Appeals Board

Greka Energy—Denial of petition for reconsideration

Due to an internal reorganization of the company, employer’s safety supervisor who was responsible for tracking the division’s citations did not file a timely appeal on behalf of employer. It was not discovered that the appeal had not been filed until new staff members began working for employer. Employer filed an appeal with the board 212 days after the deadline. The board issued an “Order Denying Late Appeal” on the ground that good cause did not exist for the late appeal. Employer filed a petition for reconsideration with the board pleading good cause for the late appeal. Board precedent holds that good cause does not exist when a notice of appeal is untimely filed because of internal operating procedures. Further, employer’s desire to speak with the division about the citation did not excuse it from filing a timely appeal.

Greka Energy, 03-9248 (MS Word)
Greka Energy, 03-9248 (Adobe Acrobat)

December 3, 2003