Hamid Yazdianpour v. Safeblood Technologies, Inc.

United States Court of Appeals
For the Eighth Circuit
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No. 14-2366
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Robinson Masonry
lllllllllllllllllllllPetitioner
v.
Thomas E. Perez, Secretary of Labor, United States Department of Labor
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Occupational Safety & Health Review Commission
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Submitted: January 28, 2015
Filed: February 2, 2015
[Unpublished]
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Before SMITH, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Robinson Masonry (Robinson) petitions for review of an adverse decision by
the Occupational Safety and Health Review Commission. The administrative law
judge (ALJ) denied Robinson relief from judgment under Federal Rule of Civil
Procedure 60(b) for citations and penalties imposed against it, and vacated Robinson’s

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untimely notices of contest.1 In this court, Robinson argues that equitable tolling
applies to its untimely notices because an Occupational Safety and Health
Administration official induced it to miss the contest-period deadline. After careful
review, this court concludes that the ALJ’s factual findings were supported by
substantial evidence, and that the ALJ did not abuse its discretion in ruling that
Robinson did not establish grounds for relief under Rule 60(b). See 29 U.S.C.
§ 660(a) (jurisdiction); Donovan v. Anheuser-Busch, Inc., 666 F.2d 315, 324-25 (8th
Cir. 1981) (standard of review); Roy Kay, Inc., 13 BNA OSHC 2021, 1989 WL
223306, at *1 (No. 88-1748, 1989) (burden is on employer who files late notice of
contest to show sufficient basis for relief under Rule 60(b)).
The petition is denied. See 8th Cir. R. 47B.
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1See 29 U.S.C. § 659(a) (employer has 15 working days within which to notify
Secretary of Labor that he wishes to contest citation or proposed assessment of
penalty; if employer fails to do so, “the citation and the assessment [of penalty], as
proposed, shall be deemed a final order of the Commission”).
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