10th Cir. Amenable to Limit Some OSHA Job Violence Citations (1)

The Tenth Circuit is poised to cut into OSHA’s power to cite employers for failing to prevent workplace violence.

Cedar Springs Hospital Inc., a Colorado Springs, Colo.-based psychiatric hospital, contested over $15,000 in US Occupational Safety and Health Administration citations issued after staff reported being assaulted by patients. UHS of Delaware Inc. sued after a similar citation to be considered a separate entity from Cedar Springs. Both are part of Universal Health Services Inc., one of the nation’s largest health care management companies.

The US Court of Appeals for the Tenth Circuit appeared skeptical about whether an employer needs ...