June 18, 2018

June 18, 2018

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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.

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Mark L. Farley, Environmental, Workplace Safety, Attorney, Katten Law firm
Managing Partner, Houston

Mark L. Farley is co-head of the Environmental practice and head of the Workplace Safety practice. He advises clients on a wide range of environmental, health and safety (EHS) issues, and focuses on internal investigations and crisis response. Mark routinely counsels companies in connection with major industrial accidents, whistleblowers, process safety incidents and workplace fatalities.http://www.kattenlaw.com/Mark-Farley

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Nick Morrell has experience representing companies in a variety of litigation and regulatory contexts, from regulatory investigations and complex commercial disputes to mass environmental torts and bankruptcy. He has represented clients in state and federal courts in matters involving regulatory compliance, alleged violations of state consumer protection laws, breach of contract, products liability, personal injury and insurance recovery. Recently, Nick has experience representing clients with Texas Citizens Participation Act (the Texas Anti-SLAPP statute) and jurisdiction claims in state court and has assisted in internal investigations.

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