Elaine M. Chao, Secretary of Labor v. Russell P. Le Frois Builder, Inc. Occupational Safety and Health Review Commission

SACK, Circuit Judge.

Title 29 U.S.C. § 661(g), a part of the Occupational Health and Safety Act of 1970, 29 U.S.C. §§ 651-78 (the “OSH Act” or the “Act”), provides that the Occupational Safety and Health Review Commission (the “Commission” or the “OSHRC”) shall, in the absence of a contrary rule adopted by the Commission, hold its proceedings “in accordance with the Federal Rules of Civil Proeedüre,” id. § 661(g). This appeal requires us to decide whether the Commission may, by dint of this subsection, exercise jurisdiction to excuse an employer’s failure to file a timely notice of contest in…