Seventh Circuit Court of Appeals Issues Broad Interpretation of OSHA Willful Classification
Two recent decisions by the 7th Circuit Court of Appeals may have an effect of the responsibilities of employers in the jurisdiction of the Court – Indiana, Illinois and Wisconsin. In these decisions the Court has broadened the criterion that is considered by OSHA when considering a willful classification. One decision was issued in 2015 with a second decision this spring. The first case is Dukane Precast, Inc. V. Perez, 785 F. 3d 252 (2015) and the second decision was rendered in Stark Excavating, Inc. v. Perez. 811 F. 3d 922 (2016).