SECRETARY OF LABOR,

	

 

Complainant,

	

 

	

 

V.

	

 

	

  OSHRC Docket No. 03-2167

GILLETTE MASONRY, Inc.,

	

 

	

 

Respondent.

	

 

	

 

 


DECISION AND ORDER



        Following an inspection of the Respondent’s place of business in
Linesville, PA, the Secretary issued two citations on September 25,
20003, alleging serious and other than serious violations of the
Occupational Safety and Health Act of 1970, 28 U.S.C. 651 et seq. with a
penalty of $500.00. The citations were received by the Respondent on
September 29, 20003. Section 10(a) of the Act requires an employer to
notify the Secretary of the intent to contest a citation within 15
working days of receipt, and the failure to file a timely notice results
in the citation becoming a final order of the Commission by operation of
law. The Respondent̓s notice of contest was due no later than October 21,
20003. The Respondent̓s notice of contest was dated October 22, 20003,
but was postmarked October 29, 20003, and was received by the Secretary
on October 31, 20003. The Secretary filed a motion to dismiss the
Respondent̓s late notice of contest on December 12, 20003. There was no
response filed to the motion.

The Secretary̓s motion to dismiss the Respondent’s notice of contest is
GRANTED, and the citations issued herein are AFFIRMED in all respects.


SO ORDERED.




IRVING Sommer

Chief Judge




DATED:        January 12, 2004//

//Washington, D.C.