OSHRC Appears To Be Split So Far On Statutory Time Limits For 'Continuing' Violations

Commissioners appear to be divided so far in a possibly precedent-setting case before the Occupational Safety and Health Review Commission (OSHRC) in which industry is calling for time limits on citations to prevent OSHA from coming back after more than six months and citing “continuing violations.” A decision in the case is expected by April, a legal source said. OSHRC heard oral arguments in the case on Nov. 2. At issue is whether an alleged instance of failure to record a workplace injury or illness continues to be a violation until the end of the five-year log retention period, and thus ca