THIS CASE IS NOT A FINAL ORDER OF THE REVIEW COMMISSION AS IT IS PENDING COMMISSION REVIEW

 

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

DEFAULT JUDGMENT

On September 15, 2025, the Court entered an Order of Show Cause to Respondent for its failure to file an answer to the Secretary’s complaint within the time permitted under the Commission Rules of Procedure. The Court’s show cause order provided Respondent with an opportunity to show cause on or before September 29, 2025, why Respondent should not be declared to be in default and the citation(s) and penalties should not be affirmed. The Court’s show cause order also advised Respondent that “FAILURE TO RESPOND TO THIS ORDER WILL RESULT IN ALL VIOLATIONS BEING AFFIRMED AND ALL PROPOSED PENALTIES BEING ASSESSED AGAINST RESPONDENT WITHOUT A HEARING.” (Order to Show Cause, p.1) (Sept. 15, 2025).

Commission Rule 101(a) provides:

When any party has failed to plead or otherwise proceed as provided by these rules or as required by the Commission or Judge, he may be declared to be in default either on the initiative of the Commission or Judge, after having been afforded an opportunity to show cause why he should not be declared to be in default, or on the motion of a party. Thereafter, the Commission or Judge, in their discretion, may enter a decision against the defaulting party or strike any pleading or document not filed in accordance with these rules.

29 CFR § 2200.101(a). Respondent has failed to timely respond to and comply with the Court’s Show Cause Order. Accordingly,

IT IS HEREBY ORDERED THAT Respondent is declared to be and held in DEFAULT, Respondent’s notice of contest is DISMISSED, the relief sought in the citation and notification of proposed penalty is AFFIRMED, and Respondent is ASSESSED and directed to pay to the Secretary of Labor the amount of  the penalty proposed in the notification of proposed penalty.

SO ORDERED.

                                                /s/                                

                                                JOHN B. GATTO, Judge

Dated: March 4, 2026

Washington, DC