OSHA Record-Keeping Violations Subject to 6-Month Statute of Limitations

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In a decision likely to be celebrated by employers in the construction industry, the U.S. Court of Appeals for the District of Columbia issued a decision on April 6, 2012 that strictly applies the six-month statute of limitations for citing an employer for record-keeping violations under the federal Occupational Safety & Health Act (the "OSH Act"). In so holding, the D.C. Circuit Court of Appeals rejected the U.S. Department of Labor's argument that an employer's failure to record employee injuries and illnesses represented "continuing violations" of the OSH Act that, until corrected, prohibited the six-month statute of limitations from expiring.

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