NFIB filed an amicus brief in support of LeFrois Builders in a case involving a small builder who mistakenly failed to respond to an Occupational Safety and Health Administration citation. The lower court (OSHA Review Commission) gave the small business a second chance and excused the untimely response, but OSHA appealed to the Second Circuit. NFIB argued that the OSHA Review Commission has the power to grant small employers a second chance.
Status: Decided. Amicus brief filed in support of LeFrois Builders. On Dec. 13, 2004, the Department of Labor changed its policy and adopted NFIB's position. OSHA will no longer challenge OSHRC's policy of excusing late notices.