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AKM LLC, d/b/a Volks Constructors v. Secretary of Labor (D.C. Cir. April 6, 2012)

Articles Discussing Case:

D.C. Circuit Rejects OSHA's Recordkeeping Citation Policy

Ogletree Deakins • April 30, 2012
In a significant victory for employers, the D.C. Circuit has held that OSHA recordkeeping violations must be cited within six months of the failure to record, or the citations will be considered untimely. An employer's failure to properly record or maintain workplace injury and illness records for the requisite five-year period under OSHA's recordkeeping regulations does not constitute a continuing violation that tolls the six-month statute of limitations for issuing citations. This decision effectively limits OSHA's ability to issue citations for recordkeeping violations that fall outside the statutory six-month limitations period, as stated in the federal Occupational Safety and Health Act.