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Under OSHA’s Contingency Plan, all but approximately 10% of its employees are furloughed. If one calls an Area Office, you’ll encounter an Area Director and perhaps an Assistant Area Director, who respond to workplace fatalities or complaints of situations threatening a high risk of death or serious injury. In some cases, senior compliance officers may be involved. Similarly, the five or six top managers in each region are working. This skeleton crew not only respond to workplace fatalities, but they must also somehow issue citations within the six months of commencing an inspection. Despite the unusual circumstances, as recently as last year, the powerful D.C. Court of Appeals upheld the six-month requirement in AKM v. Secretary of Labor.

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