Reviewed September 7, 2026.
In Secretary of Labor v. True Value Company, OSHRC No. 16-0597 (April 27, 2017), the Commission set aside a final order approving a settlement that inadvertently left a citation item unresolved.
The parties' agreement withdrew one item but omitted another. The judge submitted the incomplete disposition for docketing, and the order became final. The Commission used Federal Rule of Civil Procedure 60(a) to address the oversight and remanded for further proceedings.
Check every citation item before signing
Match the settlement against the citation: item numbers, classification, penalty, abatement obligations, payment dates and any continuing commitments. Confirm what is withdrawn, amended, admitted or still contested.
This historical correction does not mean a final OSHA order can routinely be reopened. Under OSHA's contest procedures, employers generally have 15 working days after receipt to contest citations or penalties. An informal conference does not automatically extend that period. Preserve the contest deadline while negotiating.
Kushnick Pallaci PLLC assists clients throughout New York with OSHA citation defense and representation. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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