OSHA: Unlimited Look-Back Period to Identify Repeat Violations

OSHA will now classify a violation as “repeated” only if it is being issued within five years of the previous citation. However, the US Court of Appeals ruled in February that OSHA is not bound by any temporal limitation to establish repeat violations – meaning the five-year policy is not legally binding and OSHA legally has no time limits on “look backs” to establish repeat violations. OSHA is currently operating in a five year timeframe. 

 

Learn more about the court decision on Lexology .

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