Davenport v. English Construction Co.

BY JUDGE CLIFFORD R. WECKSTEIN

The Commissioner of Labor and Industry, who is responsible for enforcing the occupational safety and health provisions of Virginia law,1 cited English Construction Company for workplace safety violations. A “citation” is “the notice to an employer that the commissioner has found a condition or conditions that violate Title 40.1 of the Code of Virginia or the standards, rules, or regulations established by the commissioner or the board.” 16 VAC 25-16-10. English promptly contested those citations, but some thirty-four months passed before the Commissioner…