Safe Workplace and Safety News
Blog Author Steve Hudgik
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
Labels: OSHA Citations, osha information
posted by Steve Hudgik
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