EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Alfredo Annino/Alfredo Annino Construction, Inc. of Nevada - DAR

The Division cited Alfred Annino as an individual. The evidence presented at the hearing indicated that Alfred Annino, Inc. of Nevada was the employer. The ALJ amended the citations to name Alfred Annino, Inc. of Nevada as the Employer after submission of the case and without notice to the parties. The Board reversed and granted Alfred Annino's appeal. The Division has the burden of identifying the correct employer through their investigation and proving the identity at the hearing. That should be left to the Division in order to maintain Board/Division independence. Corporations and individuals are separate legal entities. The ALJ is bound by section 386(b) to give the parties notice and allow for a showing of prejudice before making post-submission amendments.

ALFREDO ANNINO/ALFREDO ANNINO CONSTRUCTION, INC. OF NEVADA 98-311
April 25, 2001