Executive Summary

Occupational Safety and Health Appeals Board

Summary of Club Fresh, LLC– Decision After Reconsideration

The Board reinstated Employer's appeal under Labor Code section 6601. Employer's statement, verified under penalty of perjury, that it had not received the citations when originally issued was sufficient to rebut the presumption that mail properly sent is also properly delivered where proof of receipt was not provided by the Division of Occupational Safety and Health, and where Employer acted within the 15 days permitted when it learned that citations had been issued previously.

Club Fresh, LLC, 06-9241 (MS Word)
Club Fresh, LLC, 06-9241 (Adobe Acrobat)

Sept. 14, 2007