ALJ Decision in Randall Mechanical, Inc., Becomes a Final Order of the Commission
In the Occupational Safety and Health Act of 1970 (“Act”), 29 U.S.C. §§ 651–678, Congress established a deadline to appeal the issuance of a citation or proposed penalty by the Secretary of Labor. Thus, “the employer has fifteen working days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty.” 29 U.S.C. §659(a). In the present case, the Secretary issued a citation and proposed penalty to Randall Mechanical, Inc. (Randall) on June 27, 2017, which was received by Randall on July 3, 2017. Therefore, the last day for Randall to timely file a Notice of Contest (NOC) was July 25, 2017. By operation of law, the citation and proposed penalty became a final order of the Commission on July 26, 2017.