U.S. Court of Appeals for the Fifth Circuit finds that OSHA can't cite for violations that were over 6 months old (PSM)
Delek purchased an oil refinery located in Tyler, Texas from Crown Central and took possession on April 29, 2005. Beginning in February 2008, OSHA conducted a four-month inspection of the refinery and issued a citation on August 18, 2008, finding violations of 29 C.F.R. § 1910.119 and other regulations that are not at issue here. Delek petitions for review of citation Items 4 and 12. Item 4 alleges a failure to resolve open findings and recommendations identified during process hazard analyses that occurred in 1994, 1998, 1999, 2004, and 2005—PRIOR to Delek purchasing and taking possession of the refinery. Item 12 alleges that Delek failed to determine and document a response to the findings of a 2005 compliance audit in a timely manner. As with Item 4, the audit at issue in Item 12 was conducted BEFORE Delek took possession of the refinery. Because we conclude that the citations for Items 4 and 12 are barred by the six-month statute of limitations in 29 U.S.C. § 658(c), we VACATE the citations for those items. Here's what the court said... |
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