The Occupational Safety and Health Review Commission recently set aside a a settlement that had been approved by the administrative law judge despite the fact that the time to challenge the order had passed and the order had become final. Apparently both the respondent and the Department of Labor (as well as the administrative law judge) failed to recognize that the settlement left one item on one of the citations open. This resulted in the settlement not "fully resolving" all issues in the citations. Thankfully for all involved, the OSHRC found justification for opening the order and remanding it for correction.
The case is a good reminder that mistakes happen and its always a good (great) idea to double check key documents to make sure they say what you think they say.
The case was Secretary of Labor v. True Value Company.
Vincent T. Pallaci is the managing member of Kushnick Pallaci PLLC. His practice includes defense of OSHA citations and other construction law issues.