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D.R.T.G. BUILDERS v. OCCUPATIONAL SAFETY & HEALTH

No. 20-61190.

26 F.4th 306 (2022)

D.R.T.G. BUILDERS, L.L.C., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Martin Walsh, Secretary, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED February 14, 2022.

Attorney(s) appearing for the Case

Steven Randolph McCown , Andrew R. Gray , Littler Mendelson, P.C., Austin, TX, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, Christopher Lopez-Loftis , Trial Attorney, U.S. Department of Labor, Dallas, TX, Kate S. O'Scannlain , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Occupational Safety and Health Review Commission.

Juan Carlos Lopez , U.S. Department of Labor, Office of the Solicitor, Occupational Safety & Health Division, Washington, DC, John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, Christopher Lopez-Loftis , Trial Attorney, U.S. Department of Labor, Dallas, TX, Kate S. O'Scannlain , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Martin Walsh, Secretary, U.S. Department of Labor.

Before Higginbotham, Smith, and Ho, Circuit Judges.

Today we decide whether the Occupational Safety and Health Administration (OSHA) properly served D.R.T.G. Builders (DRTG) with notice of a workplace violation citation. DRTG argues that as OSHA failed to properly serve it with the citation, it is entitled to relief from default entry of the citation under...

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