In Barry Billcliff v. Lori Chavez-DeRemer, Secretary of Labor, No. 23-2082, the United States Court of Appeals for the First Circuit addressed a petition-for-review proceeding involving an Occupational Safety and Health Review Commission administrative order.
The court considered arguments under 29 U.S.C. Sec. 660(a). The judgment states that dismissal was not in order, that the late petition for discretionary review could and should be viewed as a sufficient exhaustion vehicle for purposes of Sec. 660(a), and that extraordinary circumstances warranted excusing the exhaustion requirement.
The judgment states: "The petition is ALLOWED."
That matters because articles that describe only the original administrative order are incomplete without the later First Circuit update. The judgment allowed the petition for review to proceed under Sec. 660(a), so the public record should not be frozen at the earlier OSHA-stage reporting.
This page uses the strongest language supported by the document currently available. It does not claim a final merits reversal unless a separate final order establishes that result.