Court Rejects OSHA's Continuing Violation Theory for Recording Workplace Injuries
The Court of Appeals for the District of Columbia Circuit has soundly rejected OSHA’s interpretation of the statutory requirement that an OSHA citation be issued no more than six months following a violation of the Occupational Safety and Health Act. In a decision issued on April 6 in AKM LLC, d/b/a Volks Constructors v. Secretary of Labor, the court invalidated OSHA’s citation, issued in November 2006, for the company’s alleged failure to properly record certain workplace injuries between January 2002 and April 2006. The court described OSHA’s arguments as “unreasonable” and leading to “absurd consequences.”
