Review Commission Resolves Last of “Legacy Cases”

The Occupational Safety and Health Review Commission closes out its fiscal year on a high note, having resolved all of the 10 “legacy cases” on its docket.  On September 28th 2011, the Commission issued a decision in Southern Scrap Materials, the last in a group of 10 cases known as “legacy” cases for their age and their complexity.  The oldest of these cases, Dayton Tire and Southern Scrap Materials, had been on the Commission’s docket since 1994.  These “legacy cases” - Dayton Tire, Southern Scrap Materials, Avcon (with two docket numbers), Sharon and Walter Construction, Altor, Loretto-Oswego Residential Health Care Facility (with two docket numbers), Summit Contractors, and AKM LLC dba Volks Constructors - were all noted for their complexity, ranging from “piercing the corporate veil” issues such as successor liability and the single employer test to other issues involving multi-employer worksites and the continuing violation theory.

Commission Chairman Thomasina Rogers acknowledged the ambitious nature of this goal, which was originally reflected in OSHRC’s 2010-2015 strategic plan, issued in October 2009.  She credited this achievement to the extraordinary efforts of Commissioner Cynthia Attwood, former Commissioner Horace “Topper” Thompson, and the entire Review Commission staff.  “Without their hard work and dedication, the Commission would not have been able to meet this objective,” said Chairman Rogers.