By Micheal D. Hahn
Recent decisions from the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—have drastically lowered the burden required for OSHA to prove willful violations of the Occupational Safety and Health Act (OSH Act).
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In the past, the burden was quite high: OSHA had to prove almost intentional conduct by the employer. That has changed significantly within the last year, thanks to two opinions from the 7th Circuit. It’s important to be aware of these decisions because the penalty for a willful violation is 10 times the penalty for a serious one.