By Brent I. Clark and Meagan Newman

In a recent decision, affirming Administrative Law Judge Phillips’ order vacating a general duty clause citation, the Review Commission held that manufacturer instructions–even where coupled with an industry standard–were insufficient proof of hazard recognition as needed to sustain a general duty clause violation.  The Review Commission focused on the issue of industry…
Continue Reading Review Commission Says Manufacturer Recommendations and Consensus Standard Not Enough for General Duty Clause Violation