OSHA denied expanded statute of limitations on record-keeping violations

Daily Journal of Commerce

In this monthly column, Littler shareholders Howard Rubin and Don Stait discuss the denial of the Secretary of Labor’s position by the D.C. Circuit Court of Appeals in Washington, D.C. that an employer’s failure to create and maintain workplace injury records for five years constitutes a continuing violation that tolls the six-month statute of limitations for issuing citations. Additionally, the article also discusses an injunction issued by the U.S. appeals court in Washington, D.C. barring the National Labor Relations Board from requiring employers to post a notice about union rights until the appeal is decided, and a rule issued by the Equal Employment Opportunity Commission amending its Age Discrimination in Employment Act regulations.

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