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Happy new year, everybody, and for many of you, welcome to your first day of work in 2015. Now that the champagne toasts have been made, sundry objects have been dropped from cranes and some old acquaintances have been forgot, it’s time to get down to business. Serious business.
Specifically, the business of OSHA compliance.
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.