Decision Drastically Expands OSHA’s Power to Punish Recordkeeping Violation

more+
less-

Employers hoping to “run out” the statute of limitations on Occupational Safety and Health Administration (OSHA) recordkeeping violations may now have a lot farther to run.

A recent Occupational Safety Health Review Commission (the Commission) decision effectively stretches the statute of limitations for OSHA recordkeeping violations from six months to five years or more, and may prevent employers from claiming that recordkeeping violations older than six months are “stale” or “untimely.” See Secretary of Labor v. AKM LLC d/b/a Volks Constructors, OSHRC No. 06-1990, 2011 WL 896347 (OSHRC, March 11, 2011). The decision drastically increases employers’ exposure to OSHA citations and fines, and raises troubling issues of due process for employers. In light of this ruling, employers should review and revise record retention policies to account for OSHA’s expanded enforcement reach.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin - Employment Matters | Attorney Advertising

Written by:

more+
less-

Mintz Levin - Employment Matters on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×