Interstate Brands Corp. v. United States Occupational Safety & Health Review Commission
Opinion
lead Opinion
MEMORANDUM **
Interstate Brands Corporation (“IBC”) appeals from a final order of the Occupational Safety and Health Review Commission (“OSHRC”) vacating IBC’s notice of contest with respect to a safety citation issued to an IBC bakery in Billings, Montana. The OSHRC, which adopted the ruling of the administrative law judge, found that IBC could not contest the citation because it entered into an informal settlement agreement pursuant to which it waived its right to contest. The OSHRC rejected IBC’s argument that the settlement agreement was not binding because the individual who signed the agreement on IBC’s behalf — Debra Weisgarber — had neither actual nor apparent authority to do so.
We have jurisdiction under 29 U.S.C. § 660 (a). We “must uphold a decision of the OSHRC unless it is arbitrary and capricious, not in accordance with the law, or in excess of the authority granted by [the Occupational Safety and Health Act].” Loomis Cabinet Co. v. OSHRC, 20 F.3d 938, 941 (9th Cir.1994). We “review the Commission’s factual findings under the substantial evidence standard” and “accept reasonable factual inferences drawn by the Commission.” Id.