Challenging an OSHA citation? Don’t miss 15-day deadline

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in Employment Law,Human Resources

OSHA slapped a building contractor with $11,000 in fines for several serious safety violations. The agency sent a notice of citation by certified mail. A company secretary picked up the letter at the post office but misplaced it and then found it long after the 15-day deadline. The company filed a late notice of contest, but an appeals court didn't accept it. Reason: OSHA has no obligation to accept late filings due to "a garden variety claim of excusable neglect." (Chao v. LeFrois Builder, Inc., No. 00-4057, 2nd Cir., 2002)

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