Case Updates
Petition for review denied
April 16, 2010
The D.C. Circuit denied NCLC's petition for review.
U.S. Chamber urges D.C. Circuit to review assessment of multiple penalties for a single OSHA violation
February 06, 2009
NCLC urged the DC Circuit to review and invalidate a new OSHA rule that assesses penalties for each worker affected by a single OSHA violation, instead of assessing a single penalty for a single violation. The Occupational Safety and Health Act requires OSHA to assess a penalty for each “condition” or “practice,” not for each employee. The new OSHA rule radically expands the scope and cost of penalties for OSHA violations.
Petition for review filed 2/6/09. Statement of issues and docketing statement filed 3/16/09. Plaintiffs’ opening brief filed 7/6/09. Defendants’ brief filed 8/19/09. Amicus brief in support of defendants filed 9/3/09. Plaintiffs’ reply brief filed 9/17/09. Moot court held 10/29/09. Oral argument held 11/5/09. Petition for review denied 4/16/10.