Hoerner Waldorf Pan American Bag Co. v. Occupational Safety & Health Review Commission

Respondent Secretary of Labor has moved to dismiss as untimely Hoerner Waldorf’s petition for review of an order of the Occupational Safety & Health Review Commission (OSHRC).

Hoerner Waldorf was cited in 1978 for a safety violation and had a hearing before an administrative law judge (ALJ). On June 26, 1979, the ALJ formally notified the company of his decision upholding the citation. His notice recited that it “will become the final order of the Commission pursuant to 29 U.S.C. § 661(i) on July 26, 1979 unless a member of the Commission directs that it be reviewed.” (Emphasis in original).…