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OSHA ALERT: Federal Court Finds That OSHA Has An Unlimited “Look-Back” Period to Search Employer Citation Histories For Issuing Repeat Violations

By Kelley J. Barnett & Christina Niro on March 1, 2018
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Thanks to a recent federal appellate court decision, OSHA now has even more leeway to issue costly repeat citations to employers. As many employers know, there are different classifications for civil violations of OSHA regulations, including other-than-serious, serious, repeat, and willful. Penalties, both monetary and non-monetary, increase with higher classification levels. OSHA recently increased the maximum penalty for repeat violations to $129,336, and additional increases to the maximum penalty are expected. Click here to read the full client alert.

Photo of Kelley J. Barnett Kelley J. Barnett

Kelley’s practice focuses on product liability and toxic tort matters for global manufacturers and suppliers worldwide in disputes which often involve catastrophic incidents, fatalities, explosions and fires. Kelley also has significant experience handling commercial litigation matters for small businesses and Fortune 500 companies…

Kelley’s practice focuses on product liability and toxic tort matters for global manufacturers and suppliers worldwide in disputes which often involve catastrophic incidents, fatalities, explosions and fires. Kelley also has significant experience handling commercial litigation matters for small businesses and Fortune 500 companies all across the United States. Kelley has tried nearly one-hundred cases to verdict but counsels clients at all stages of disputes, including litigation avoidance. Additionally, Kelley counsels clients in a broad variety of contract matters, including drafting, reviewing, and negotiating.

Kelley also conducts internal corporate investigations into allegations of employee misconduct, fraud, compliance issues, and criminal misconduct. She is OSHA certified and counsels clients on a wide range of OSHA issues including training, compliance, and safety and accident investigations. As a former prosecutor, Kelley also works with colleges and universities to investigate allegations of sexual assault on campus. Moreover, Kelley provides investigation training to in-house counsel and other internal corporate employees and is an adjunct professor at Case Western Reserve University School of Law.

Kelley realized her love for the courtroom when she became an assistant prosecuting attorney in the Cuyahoga County Prosecutor’s Office at the beginning of her legal career. As a prosecutor, Kelley handled all aspects of criminal matters throughout the trial and appellate process, for all types of crimes ranging from low level drug offenses to capital murder. She joined Frantz Ward’s Litigation Group to continue her passion for litigation and help the firm’s clients solve everything from routine to catastrophic problems. Kelley values client service, communication and responsiveness and is always looking for new and better ways to add value.

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Photo of Christina Niro Christina Niro

Christina advises and represents employers in a broad range of employment law matters, from discrimination, retaliation, and harassment, to cases involving contract disputes, restrictive covenants, trade secret misappropriation and unfair competition. She has litigated and tried cases in state and federal courts and…

Christina advises and represents employers in a broad range of employment law matters, from discrimination, retaliation, and harassment, to cases involving contract disputes, restrictive covenants, trade secret misappropriation and unfair competition. She has litigated and tried cases in state and federal courts and various administrative agencies. Christina also provides employers of all sizes with day-to-day preventive counseling on wage and hour issues, employee discipline, litigation prevention strategies, employee handbook and policy development, and adherence to federal and state family and medical leave laws. Christina also conducts EEO training to help employers understand, prevent and correct discrimination in the workplace.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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