Capital City Excavating Co., Inc. v. Raymond J. Donovan, Secretary of Labor, and Occupational Safety and Health Review Commission

LIVELY, Circuit Judge.

Capital City Excavating Co., Inc. (Capital City) petitions for review of an order of the Occupational Safety and Health Review Commission (the Commission). The Commission’s order held that Capital City’s notice of contest of a citation and proposed penalty for alleged violations of the Occupational Safety and Health Act (the Act), 29 U.S.C. § 651 et seq., was untimely. On the basis of this holding the Commission concluded it had no jurisdiction to review the merits of Capital City’s claims that the citation and proposed penalties were improper.

I

A

Following an inspection…