September 22, 2020
2nd Circuit Sidesteps OSHA Suit Over Review Panel’s ‘Repeat’ Liability Test
Citing the respondent’s bankruptcy, appellate judges have rejected as moot OSHA’s suit that sought to reverse a ruling from the agency’s independent review panel that raised the bar for citing companies for “repeat” workplace safety rule violations, though the judges also vacated the underlying review panel ruling. In a May 6 summary order in Secretary of Labor v. Angelica Textile Services, Inc. , the three-judge panel of the U.S. Court of Appeals for the Second Circuit vacated the order issued...
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