Month: September 2012

September 18, 2012

OSHA’s use of General Duty Clause Rejected / Lack of Fair Notice

OSHA v. ERICKSON AIR-CRANE, Inc., OSHRC Docket No. 07-0645 This matter was brought before the Federal Occupational Safety and Health Review Commission for review following Employer’s appeal of the ALJ’s ruling that it violated the general duty clause of OSEA by exposing employees to fall…

September 18, 2012

OSHA SOL interpretation unreasonable – no deference given / recordkeeping violations dismissed

AKM LLC, v. Sec. of Labor, 675 F.3rd 752 (2012). On May 10, 2006, OSHA began an inspection of AKM LLC, doing business as Volks Constructors (Volks), and discovered that Volks had not been keeping updated injury report logs, forms, and summaries between 2002 and early…