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AKM LLC v. SECRETARY OF LABOR, DEPT. OF LABOR

No. 11-1106.

675 F.3d 752 (2012)

AKM LLC, doing business as Volks Constructors, Petitioner, v. SECRETARY OF LABOR, DEPARTMENT OF LABOR and Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 2012.

Attorney(s) appearing for the Case

Arthur G. Sapper argued the cause for petitioner. On the briefs was Michael S. Nadel.

Elizabeth Gaudio was on the brief for amicus curiae National Federation of Independent Business Small Business Legal Center in support of petitioner.

Heather R. Phillips , Attorney, U.S. Department of Labor, argued the cause for respondent. With her on the brief were Joseph M. Woodward , Associate Solicitor, and Robert W. Aldrich , Attorney.

Concurring opinion filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

OSHA cited and fined petitioner, Volks Constructors, for failing to properly record certain workplace injuries and for failing to properly maintain its injury log between January 2002 and April 2006. OSHA issued the citations in November 2006, which was, as Volks points out, at least six months after the last unrecorded injury occurred. Because "[n]o citation may be issued . . . after the expiration of six months following the occurrence of any...

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