In order to establish a violation in any case, OSHA must prove the following four elements: (1) the cited standard applies; (2) the employer failed to comply with the standard; (3) employees had access to the violative condition; and (4) the employer knew, or with the exercise of reasonable diligence, could have known of the violative condition. A recent decision from the Occupational Safety and Health Review Commission (OSHRC) (March 7, 2014, Docket No. 12-2152), provides an opportunity to discuss the fourth element, the “knowledge”…
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