(a) Any employer to whom a citation or notice of proposed penalty has been issued may, under section 10(a) of the Act, notify the Area Director in writing that he intends to contest such citation or proposed penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty, or both. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission.
(b) Any employee or representative of employees of an employer to whom a citation has been issued may, under section 10(c) of the Act, file a written notice with the Area Director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable. Such notice shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty or notice that no penalty is being proposed. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission.
Notes of Decisions
Sec'y of Labor v. Barretto Granite Corp., 830 F.2d 396 (1st Cir. 1987).
· cites it 7× “” One of these regulations is 29 C.F.R. § 1903.17 (a), which requires that contestation of a citation or penalty be made in writing to the OSHA area director within 15 working days of the employer’s receipt of the notice of proposed penalty.”
D.R.T.G. Builders v. OSHC, 26 F.4th 306 (5th Cir. 2022).
“20-61190 alternative modes of delivery, such as UPS, may be used where certified mail has been used first and failed.”
Modern Drop Forge Co. v. Sec'y of Labor, 683 F.2d 1105 (7th Cir. 1982).
“Under 29 C.F.R. § 1903.17 , the cited employer was informed that “[e]very notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty or both.”
Penn-Dixie Steel Corp. v. Occupational Saf. & Health Review Comm'n, 553 F.2d 1078 (7th Cir. 1977).
“Under the circumstances of this case, were we to view his testimony as “conclusive” on the issue of Penn-Dixie’s intent, we would be compelled to assume that this uncounseled layman understood the subtle, formalized distinctions expressed in 29 CFR § 1903.17 . Such an assumption…”
Marshall v. Haugan, 586 F.2d 1263 (8th Cir. 1978).
“” 29 C.F.R. § 1903.17 (a) (1977). If the employer fails to notify the Secretary of its intention to con *1265 test the citation or proposed penalty within the allotted time period, “the citation and the assessment, as proposed, shall be deemed a final order of the Commission and…”
United States v. B & L SUPPLY CO., 486 F. Supp. 26 (N.D. Tex. 1980).
“29 C.F.R. § 1903.17 (a). It is clear that B & L’s May 25 letter does not comply with the letter of the statute, since it was dated (and presumably postmarked) more than fifteen working days from B & L’s receipt of notice from the Secretary.”
Atl. Adjustment Co. v. U.S. Dept. of Labor, 90 F. Supp. 2d 627 (E.D. Pa. 2000).
“” 29 C.F.R. § 1903.17 (a). The regulations also state that review shall not be taken by any court or agency unless filed "within 15 working days from the date of receipt of such notice.”
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