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"The fight is never about grapes or lettuce. It is always about people." Cesar Chavez |
:: Tuesday, March 30, 2004 ::
Appeals Court Sets OSHA Straight on "Willful" Violations of Law by Arthur G. Sapper McDermott, Will & Emery
The U.S. Court of Appeals for the District of Columbia Circuit has held that an employer who commits an OSHA violation through negligence has not committed a 'willful' violation. American Wrecking Corp. v. Secretary of Labor, No. 02-1370 (Dec. 19, 2003). In recent years, the Occupational Safety and Health Administration (OSHA) alleged violations were 'willful' if the employer 'should have known' that his or her conduct was unlawful. Decisions by the independent Occupational Safety and Health Review Commission (OSHRC) approved of this fallacious notion. The emphatic language in the D.C. Circuit's decision should now put an end to such prosecutions and decisions.------------------------------------------- posted 4:52 PM :: reference link ::
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