DC Circ. Blasts DOL 'Dawdling,' Nixes Dayton OSHA Fine

Law360, New York (March 6, 2012, 7:32 PM EST) -- In an opinion that castigated the U.S. Department of Labor for sitting on an administrative appeal for more than a decade, the D.C. Circuit on Tuesday dismissed nearly $2 million in penalties leveled against Dayton Tire for Occupational Safety and Health Act violations.

The court ruled that the violations, which stem from an Occupational Safety and Health Administration investigation into a 1993 death in Dayton's Oklahoma City plant, should not have been considered willful and ordered the OSHA Review Commission to reassess the appropriate fine....
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