SECRETARY OF LABOR,

	

 

                Complainant,

	

 

                       v.

	

Docket No. 03-1364

DANICA PLUMBING & HEATING, INC.,

	

 

                Respondent.

	

 


 

APPEARANCES: Terrence Duncan, Esq.

             For the Secretary

                                                                                          No
Appearance by Respondent

Before: Chief Judge Irving Sommer

DECISION AND ORDER

           This proceeding is before the Occupational Safety and Health
Review Commission pursuant to section 10 of the Occupational Safety and
Health Act of 1970, 29 U.S.C. sec. 651 et seq.

           Following an inspection of the Respondent's work site in the
Bronx, New York, the Occupational Safety and Health Administration
issued a serious citation to the Respondent on April 24, 2003 which was
returned undelivered. The citation was remailed and received by the
Respondent on May 22, 2003. Pursuant to Section 10(a) of the Act,
Respondent was required to notify OSHA of its intent to contest the
citation within 15 working days of its receipt of the citation, and
failure to file a timely notice of contest would result in the citation
and penalty becoming a final judgement of the Commission by operation of
law. Respondent failed to file a timely notice of contest and the
Secretary filed a motion to dismiss the Respondent's late notice. The
case was set down for trial on the facts concerning the late filing in
New York, N.Y. on January 22, 2004. The Secretary appeared ready for
trial and there was no appearance by the Respondent. The Secretary moved
to hold the Respondent in default.

 

ORDER

           Motion of the Secretary to dismiss the Respondent's late
notice of contest. The motion for a default is GRANTED. The citation and
proposed penalties are AFFIRMED as issued.

 

                                                                             /s/       

                                                                             IRVING
SOMMER

                                                                             Chief
Judge

DATED: March 26,2004

                      Washington, D.C.