By James L. Curtis and Craig B. Simonsen

In a recent Occupational Safety and Health Review Commission (OSHRC) case, Secretary v. Nuprecon, LP, No. 08-1037 (February 7, 2012), the Commission found that an Occupational Safety and Health Administration (OSHA) citation cannot be based upon OSHA’s speculation as to what might happen, but rather must be based upon actual employee

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