Skip to Main Content

Second Circuit Rules OSHA Not Bound By Field Operations Manual's Look-Back Period for Repeat Violations

Prepared for the Katten Safety Advisory Group
Advisory | March 6, 2018

On February 14, 2018, the Second Circuit Court of Appeals issued a summary order upholding the characterization of a citation as "repeat" even though the prior citations were issued over four years earlier. The circuit court reached this decision by holding that the Occupational Safety and Health Administration ("OSHA") is not required to follow the time limit set forth in its own Field Operations Manual ("FOM") because neither the Occupational Safety and Health Act ("OSH Act") nor OSHA's own regulations limit the time period for establishing a repeat citation. This affirms prior cases from the Occupational Safety and Health Review Commission that OSHA's ability to issue repeat citations is not restricted by the guidance in the FOM.

Full access to Katten Safety Advisory Group alerts is restricted to members. For more information on KSAG, please click here. If you are interested in membership in KSAG, please email

Katten Websites   Careers  |  Alumni  |  Mobile Site
Contact Us   Offices  |  Media Center  |  People  |  Email
Legal Notices   Disclaimer  |  Privacy Notice  |  Cookie Notice  |  United Kingdom Notices  | Accessibility 
Attorney Advertisting. © 2019 Katten Muchin Rosenman LLP