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Friday, November 12, 2010
Courts - "OSHA Case May Break New Legal Ground"
From The Blog of Legal Times, this post from Jenna Greene that begins:
The business community is watching a potentially precedent-setting case that could sharply curtail the period of time that companies can be cited for Occupational Safety and Health reporting violations.The issue is โof serious consequence to small businesses of all industries,โ according to an amicus brief from the National Federation of Independent Business Legal Foundation, which complains that companies are subject to stiff fines for such violations and find it difficult to defend five-year old charges.
Signaling a potential change in agency policy, the OSH Review Commission last week heard oral arguments on the matter โ the first time it has held oral arguments in four years.
At issue: Can employers be cited by OSHA for record-keeping violations that occurred up to five years in the past โ the current agency practice - or is the statute of limitations strictly six months?
Posted by Marcia Oddi on November 12, 2010 09:51 AM
Posted to Courts in general