By Joseph P. Curtin, William M. Hill, and Peter D. McCarthy
Employers hoping to “run out” the statute of limitations on Occupational Safety and Health Administration (OSHA) recordkeeping violations may now have a lot farther to run. A recent Occupational Safety Health Review Commission decision effectively stretches the statute of limitations for OSHA recordkeeping violations from six months to five years or more, and may prevent employers from claiming that recordkeeping violations older than six months are “stale” or “untimely.”