October 25, 2021

Volume XI, Number 298

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October 25, 2021

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Second Circuit Rules OSHA Not Bound By Field Operations Manual's Look-Back Period for Repeat Violations

On February 14, 2018, the Second Circuit Court of Appeals issued a summary order upholding the characterization of a citation as "repeat" even though the prior citations were issued over four years earlier. The circuit court reached this decision by holding that the Occupational Safety and Health Administration ("OSHA") is not required to follow the time limit set forth in its own Field Operations Manual ("FOM") because neither the Occupational Safety and Health Act ("OSH Act") nor OSHA's own regulations limit the time period for establishing a repeat citation. This affirms prior cases from the Occupational Safety and Health Review Commission that OSHA's ability to issue repeat citations is not restricted by the guidance in the FOM.

©2021 Katten Muchin Rosenman LLPNational Law Review, Volume VIII, Number 65
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To attract and retain talent, employers must design and deliver employee benefits to an increasingly diverse, aging and mobile workforce. Complex laws and regulations, rising health care costs and increased benefit plan litigation place pressure on companies' bottom lines. We work with clients who hail from the public and private sectors, are closely held or publicly traded, sponsor single- or multiple-employer plans, and are for-profit or tax-exempt. Katten's Employee Benefits and Executive Compensation practice offers plan sponsors and service providers proficient, creative advice...

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