Second Federal Appeals Court Rejects OSHA’s Efforts to Evade OSH Act Statute of Limitations by Alleging Continuing Violation
On December 29, 2016, a three-judge panel from the US Court of Appeals for the Fifth Circuit unanimously vacated two OSHA citation items issued to a Delek Refining Ltd. (“Delek”) facility for alleged safety violations that occurred years prior to its ownership of the refinery. The decision is a significant victory for employers because it marks the second time that a federal appeals court has rejected OSHA’s attempt to allege the existence of a “continuing violation” that suspends the six-month statute of limitations contained in the OSH Act.
*This article was originally published on Arent Fox's Managing OSHA blog. To read the full article, click here.