December 9, 2022
Court Weighs Employer’s ‘Fair Notice’ Claim In Crane Safety Appeal
The U.S. Court of Appeals for the 6th Circuit is weighing OSHA’s leeway to amend claims in its enforcement citations during the administrative appeal process, as an Ohio employer seeks to overturn a citation for a 2018 crane accident where it says a mid-litigation revision deprived it of “fair notice” of the agency’s allegations. A ruling in Midwest Equipment Co. v. Occupational Safety and Health Review Commission (OSHRC) could also address how strictly OSHA can enforce language in the...
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