The Occupational Safety and Health Review Commission has held that the Secretary of Labor may now cite employers as "repeat" offenders based upon their corporate predecessors' violations of the Occupational Safety and Health Act. The decision in Sharon & Walter Construction Inc. is a dramatic departure from the policies of the Act and the reasoning of prior holdings. It reflects a continuing shift in favor of the Secretary's aggressive enforcement agenda and signals a greater trend toward increased imposition of shared corporate responsibility.

In the article, "OSHA Blurs Corporate Distinctions to Expand Liability for "Repeat" Citations," which appears in BNA's Occupational Safety & Health Reporter, Baruch Fellner and Daniel Rathbun of Gibson Dunn analyze the decision and its implications.

Reprinted with permission from Occupational Safety & Health (March 3, 2011), © Bureau of National Affairs, Inc.