United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20 Street, N.W., Ninth Floorth

Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant,

v. OSHRC Docket No. 17-0992

COLEMAN HAMMONS CONSTRUCTION

CO.,

Respondent.

REMAND ORDER

Before: SULLIVAN, Chairman; ATTWOOD and LAIHOW, Commissioners

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals

for the Fifth Circuit. Coleman Hammons Constr. Co. v. OSHRC, 942 F.3d 279 (5th Cir. 2019).

The Commission affirmed a decision by Administrative Law Judge Heather A. Joys granting the

Secretary’s motion to dismiss Respondent’s late notice of contest. Sec’y of Labor v. Coleman

Hammons Constr. Co., No. 17-0992, 2018 WL 3048421, at *3 (OSHRC June 13, 2018). On

appeal, the Fifth Circuit reversed the Commission’s decision. 942 F.3d at 285. By mandate filed

December 30, 2019, the court remanded this case to the Commission. We, in turn, remand this

case to the judge for further proceedings consistent with the court’s opinion.

SO ORDERED.

/s/_________________________

James J. Sullivan, Jr.

Chairman

/s/_________________________

Cynthia L. Attwood

Commissioner

/s/_________________________

Amanda W. Laihow

Dated: January 23, 2020 Commissioner