Oral Argument in Secretary of Labor v. AKM LLC d/b/a Volks Construction

Oral Argument at OSHRC

WASHINGTON, D.C.—On Tuesday, November 2, 2010 at 10:30 am, the Occupational Safety and Health Review Commission will hear an Oral Argument in the case of Secretary of Labor v. AKM LLC, dba Volks Constructors (OSHRC Docket No. 06-1990). The argument will take place in the Review Commission's hearing room in Washington, D.C., located at One Lafayette Centre South – 1120 20th Street, NW on the 9th Floor.  The Review Commission is an independent Federal agency tasked with adjudicating disputes between the Department of Labor, employers, and employees arising from contested workplace safety inspections by the Occupational Safety and Health Administration.

The Oral Argument will address the issue of whether five items of a citation for recordkeeping violations are time barred under section 9(c) of the Occupational Safety and Health Act.  Among other issues, the Commission will consider whether certain recordkeeping violations are “continuing violations.”  

The Secretary cited AKM on November 8, 2006 for alleged recordkeeping violations that spanned from 2002 to 2006.  The Chief Administrative Law Judge affirmed the violations and AKM appealed to the full Commission.  Each party will have 30 minutes to present its argument, and Counsel for the Respondent (AKM) will argue first, followed by  Counsel for the Secretary of Labor.

The briefs before the Commission in the case are available on the Commission’s website at https://www.oshrc.gov/foia/akm-llc-dba-volks-construction/