Commission Issues Remand Order in Randall Mechanical, Inc.
On June 27, 2017, the Occupational Safety and Health Administration issued Randall Mechanical, Inc. a one-item serious citation alleging a violation of 29 C.F.R. § 1926.350(a)(10). Randall failed to file a timely notice of contest, which resulted in the citation becoming a final order. 29 U.S.C. § 659(a) (failure to contest citation “within fifteen working days” results in citation being “deemed a final order of the Commission”). The company subsequently sought relief from the final order under Federal Rule of Civil Procedure 60(b)(1), (3) and (6). On April 11, 2018, Administrative Law Judge John B. Gatto denied all three of these grounds for relief and dismissed the case. Randall Mech., Inc., No. 17-1595, 2018 WL 2326109 (O.S.H.R.C.A.L.J., Apr. 11, 2018). Randall timely filed a petition for discretionary review of the judge’s decision. The petition was not granted, and the decision became a final order of the Commission. 29 U.S.C. § 661(j).