Secretary of Labor v. Volks Constructors — Fighting to Uphold OSHA's Statute of Limitations

Author: R Stell

Occupational Safety and Health Review Commission

The NFIB Legal Foundation filed a brief asking OSHA's review commission to uphold the six-month time limit for OSHA to issue a citation for a record-keeping violation. In the Occupational Safety and Health Act of 1970, Congress passed language that "[n]o citation may be issued … after the expiration of six months following the occurrence of any violation."

Despite this law, OSHA continues to issue citations for failing to properly record injuries in its Form 300 log for violations that have occurred up to five years ago. The NFIB Legal Foundation believes that making small businesses spend time and money trying to recall the facts and find former employees in an attempt to defend against stale claims is unfair.

Status: PENDING. NFIB amicus brief filed Nov. 27, 2007.

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