DuraLabel's Weekly Safety News

Blog Author Angelique Sanders

Weekly safety news. Stay in touch with regulations from OSHA, NFPA, and other safety codes. Find out about other companies' best and worst practices. We scour the internet to provide you with helpful training resources and the latest safety information.

Monday, June 25, 2012

The Volks Decision: What Does It Mean For Employers?

An article in EHS Today looks at the Volks decision and ramifications of that decision.  Click here to read the article.

In the Volks decision the U.S. Court of Appeals for the District of Columbia Circuit rejected OSHA's Continuing Violation Theory for Recording Workplace Injuries. What the continuing violation theory did was to allow OSHA to issue citations for violations that took place as long as five years ago. However, there is a six month statute of limitations that applies to violations. “29 U.S.CC. § 658(a) states that: "No citation may be issued … after the expiration of six months following the occurrence of any violation."

The court decision upholds the six month statute of limitation on violations. The EHS Today article is written by Arthur Sapper, the attorney who argued the Volks case. He is a partner in the OSHA Practice Group of McDermott Will & Emery, a former deputy general counsel of the Occupational Safety and Health Review Commission and a former professor of OSHA law.  In the article he reviews the arguments that were made in the Volks case, the outcome, and the ramifications of this decision.

Related Past Posts:
Not Allowing OSHA Inspection Results In Contempt Of Court Citation
OSHA Sues Manatee School Of Arts
Court Case Based On Age Discrimination Can Proceed

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posted by Steve Hudgik
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Blogger Unknown said...

This is good news. Someone needed to be stopping OSHA from their over-reaching attacks on business. WE want to be safe, without running our business in fear of the government. We've barely survived these past three years and unless we get the government off our backs we won't survive another year.

7:01 AM  

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