Workforce Bulletin

By Eric J. Conn, Head of the OSHA Practice Group

The U.S. Court of Appeals for the District of Columbia Circuit recently provided some much-needed clarification to the meaning of “Willful” with respect to violations of the Occupational Safety and Health Act, in the case of Dayton Tire v. Secretary of Labor, No. 10-1362 (2012).  Violations of the OSH Act fall into one of four categories, with “Willful” and “Repeat” violations being the most severe, and carrying penalties up to 10x that of “Serious” or “Other than Serious violations.  29 U.S.C. § 666(a)-(c).  All OSHA ...