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Top litigator Stephen Yohay says that at a minimum employers against whom enterprisewide relief is sought in a citation contest case should consider questioning OSHArsquos authority to pursue it and should seriously consider challenging the assertion of OSHRCrsquos jurisdiction to order such relief ndash perhaps in an initial motion to dismiss the claim on jurisdictional grounds before the merits of a citation are litigated

Judge Rejects OSHA’s “Enterprise-Wide” Relief Theory

Nov. 4, 2013

Stephen Yohay

Shareholder

Attorney Stephen Yohay is shareholder in the Las Vegas office of Ogletree Deakins. He is a nationally recognized expert in occupational safety and health law. He represents employers nationwide in federal and state OSHA inspections and challenges to citations. Yohay has broad experience in assisting employers in addressing OSHA enforcement issues, including managing aggressive OSHA investigations and collateral liability issues following serious or catastrophic accidents.