August 7, 2020
Court Backs OSHA’s ‘Violence’ Penalty But Sidesteps Rulemaking Charge
A federal appeals court has rejected a hospital’s challenge to a penalty OSHA imposed under its General Duty Clause authority for not adequately addressing workplace violence, while sidestepping the hospital’s claim that the agency should instead have issued a rulemaking to address workplace violence rather than a citation. In a unanimous March 3 opinion , a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit says the Brooke Glen Behavioral Hospital failed to raise the...
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