Case Study: Solis V. Loretto-Oswego Health Care

Law360, New York (September 14, 2012, 12:53 PM EDT) -- Among Occupational Safety and Health Administration citations, a "repeat" citation is potentially a very big hit, with a penalty of up to $70,000. OSHA has been aggressive in issuing these citations, but recently, the United States Court of Appeals for the Second Circuit cut back significantly on what will qualify as "repeat" where the previous violation was that of an affiliated company.

The Occupational Safety and Health Review Commission has traditionally looked for a combination of three factors when determining whether to uphold a repeat citation...
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