The Occupational Safety & Health Review Commission, which hears appeals of OSHA citations and penalties, has ruled that employers cannot escape liability for repeat safety violations by reorganizing. The case was an appeal of an April 2001 construction accident in which a worker fell from a pitched metal roof.

After the worker's fall, OSHA cited the construction company, S&W Corporation, with a willful safety violation and repeat citation for failing to provide any means of fall protection for its workers. S&W denied that it could be held responsible for the repeat citation because it was not the same legal entity as its predecessor company that had been cited previously.

If a Construction Company Goes Out of Business But Reopens Under a New Name, Is It the Same Company?

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