United States Second Circuit

The Occupational Safety and Health Review Commission may not exercise jurisdiction to excuse an employer's failure to file a timely notice of contest in response to a citation by OSHA, based on the commission's finding that the failure was caused by inadvertence or excusable neglect.

Appellate Information

• Argued 02/01/2001
• Decided 05/13/2002
• Published 05/13/2002

Judges

• SACK, Circuit Judge., Before: STRAUB, POOLER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ronald J. Gottlieb,Office of the Solicitor, United States Department of Labor (Henry L. Solano, Solicitor of Labor, Joseph M. Woodward, and Ann Rosenthal, of counsel), Washington, DC, for Petitioner., Arthur G. Sapper, McDermott, Will & Emery, Washington, DC, for Amici Curiae The National Federation of Independent Business and The Kitchen Cabinet Manufacturers Association.