Section 68 Fair Notice
| Library | Employer-Employee Law 2008 |
“Generally speaking, an employer cannot be held in violation of the Act if it fails to receive prior fair notice of the conduct required of it.” Sec’y of Labor v. Miami Indus., Inc., OSHRC Docket No. 88-671, 1991 WL 195208, at *5, 15 O.S.H. Cas. (BNA) 1258 (OSHRC Sept. 13, 1991), rev’d on other grounds, 983 F.2d 1067 (6th Cir. 1992). This defense is most successful when the Secretary has taken conflicting positions on a particular issue
or when the Secretary takes a position that is contrary to the
Act or...
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