September 16, 2026

Judge Upholds Use Of General Duty Clause In Stampeding Case, Longer Fight Looms


March 28, 2011 at 10:27 PM
An administrative law judge (ALJ) has upheld an OSHA citation under the OSH Act general duty clause over an alleged crowd management hazard, possibly setting up a protracted legal battle over the agency's increased reliance on its broad authority in cases where the agency has no specific standards. The judge rejected arguments by Wal-Mart Stores Inc., against use of the clause, which was cited following a worker death in November 2008. OSHA released a statement Friday lauding the decision by Chief Administrative Law Judge Covette Rooney, of the Occupational Safety and Health Review Commission

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