10th Circuit Cases May Limit OSHA’s Workplace Violence Enforcement

Employers are closely watching a pair of related cases awaiting rulings from the 10th Circuit that could temper OSHA’s ability to issue citations under the General Duty Clause for workplace violence by imposing stricter requirements on the agency’s burden of proof, legal experts say. The U.S. Court of Appeals for the 10th Circuit is weighing whether to agree with an administrative law judge’s (ALJ) backing of OSHA citations issued to a Colorado behavioral health facility and an affiliate health care...