Inside OSHA

July 6, 2020

OSHA Fights Refiner’s Bid To Limit ‘Continuity’ Test For Violations Liability

February 13, 2020 at 2:46 PM
OSHA is fighting a refining company’s legal bid to limit the “substantial continuity” test used to determine a new company owner’s liability for violations of agency policies, urging a federal appeals court to find that five violations by the refiner were “repeat” and subject to stricter penalties rather than stand-alone “serious” violations. In a Feb. 7 reply brief filed in the U.S. Court of Appeals for the 10th Circuit , OSHA reiterates its criticism of a decision by its independent...

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