Federal Appeals Court Deals Blow To OSHA’s Ability To Cite Repeat Violations
By EsqSocial Corporation 30/10/20
On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat citation items under the Process Safety Management (PSM) standard. The company litigated the validity of the citations and repeat classifications at trial and the Administrative Law Judge affirmed...
By: Jackson Lewis P.C.