OSHRC Widens Leeway For Employers’ ‘Good Faith’ Faults In Litigation

The Occupational Safety and Health Review Commission (OSHRC) appears to be raising the bar for rejecting employers’ appeals of OSHA enforcement actions when they miss litigation deadlines or otherwise fail to follow required procedures, holding in a new order that appellants must be allowed to show a “good faith effort” at participating in proceedings. The two-member commission’s Dec. 30 decision in Secretary of Labor v. Knock Out Homes, Inc. reinstates a Colorado construction company’s appeal of several OSHA citations...