He eventually spoke with someone who told him to write the letter that became his notice of contest. See, e.g., CalHar Constr. 2000 CCH OSHD at p. 48,145, citing Pioneer Inv. Co. v. Brunswick Assocs. Ross' only explanation for the delay boils down to an admission that Mr. Ross failed to read the citation.
Employers have an obligation to read a citation with sufficient care.
Employers must maintain orderly procedures for handling important documents. We therefore affirm the judge's decision denying Ross relief from the final order based on its failure to file a timely notice of contest. As the main opinion notes, Mr. Alexander Ross, respondent's president and witness at the hearing, acknowledged that he failed to contest the citation within the 15 day period because he failed to read the citation carefully and only noticed the proposed abatement date of May 24 and not the information regarding the 15 day period in which to contest the alleged violations and proposed penalties. In CalHar Constr. In that case the employer's office manager made several attempts to reach OSHA by telephone immediately after receiving the citation because she found the citation unclear and confusing.