Commission Issues Remand Order in Knock Out Homes Incorporated, OSHRC No. 21-0281.

On February 18, 2021, the Occupational Safety and Health Administration issued Respondent three citations—a five-item serious citation, a one-item willful citation, and a one-item other-than-serious citation—with a total proposed penalty of $41,349. On March 15, 2021, Respondent’s representative, Kevin Long, filed a Notice of Contest challenging all three citations. After the case was docketed with the Commission, Laura A. O’Reilly entered an appearance for the Secretary and on March 29, 2021, filed a timely complaint. Respondent did not file an answer, and on May 12, 2021, the judge issued an Order to Show Cause giving the company 14 days to file an explanation for its failure. See 29 C.F.R. § 2200.101(a) (judge may declare party in default for failing to plead or otherwise proceed as required after giving party opportunity to show cause). That same day, Megan J. McGinnis filed an Entry of Additional Appearance on behalf of the Secretary. Respondent did not file an answer or otherwise respond to the judge’s show cause order. On August 3, 2021, McGinnis filed a motion for the Secretary seeking a default judgment against Respondent, who again did not respond, and the judge effectively granted that motion in her default order.