Commission Issues Remand Order in Generational Buildings, LLC, OSHRC No. 21-0447
Following an inspection on January 8, 2021, the Occupational Safety and Health Administration issued Generational Buildings a four-item serious citation with a proposed penalty of $21,844. Both parties filed timely pleadings: the Secretary filed the complaint on July 6, 2021, and Respondent filed the answer on July 20, 2021. The case was assigned to the judge on August 17, 2021. The Notice of Assignment issued to the parties includes a document titled “Important Notice” that informs them of the requirement to comply with Commission Rule 8(c), 29 C.F.R. § 2200.8(c), which mandates that all documents be filed electronically using the Commission’s EFS. A self-represented party, however, “may submit a written statement to the Judge requesting an exemption from the mandatory e-filing requirement on the grounds that it would place an undue burden on them to comply with the requirement.” Commission Rule 8(c)(2), 29 C.F.R. § 2200.8(c)(2). Sometime between August 17 (the date of assignment) and August 25, 2021 (the issuance date of the Order to Show Cause), the judge’s Legal Assistant twice called Generational Buildings’ office to remind the company of the need to register with and use the Commission’s EFS to file all documents, and to offer any assistance in doing so. The first time, the Legal Assistant left a message on the company’s business number, and the second time, the Legal Assistant spoke with an unnamed person who said that they would pass the message on. Generational Buildings did not respond to either of these messages, nor did it register with the EFS.