Court clarifies definition of ‘willful’ for OSHA violations

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James & Kujawa LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted July 7, 2015 3:02 PM

Today’s 7th U.S. Circuit Court of Appeals opinion arises from a concrete building products manufacturer’s petition for review of an Occupational Safety and Health Review Commission’s order citing the manufacturer for one “willful” violation and three “serious” violations of OSHA regulations and imposing a total penalty of $70,000.In Dukane Precast Inc. v. Perez, 785 F.3d 252 (7th Cir. 2015), the court had occasion to revisit its prior decisions in Lakeland Enterprises of …

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