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Article Index » osha » multi-employer worksites
Report Link OSHA's Multi-employer Citation Policy Upheld by the Eighth Circuit.
Jackson Lewis LLP - March 30, 2009
In a decision with far-reaching implications for construction companies, a federal appeals court in St. Louis has affirmed the application of OSHA’s “multi-employer worksite doctrine” to general contractors and other employers who exercise control over construction worksites. The court’s decision in Secretary of Labor v. Summit Contractors, Inc., gives OSHA a green light to cite such employers even though they did not create the violation and despite the fact that their own employees were not exposed to the hazard.
Report Link Eighth Circuit Reinstates Multi-Employer Worksite Liability.
Littler Mendelson, P.C. - March 19, 2009
In a divided and much-anticipated opinion in Solis v. Summit Contractors, Inc., the U.S. Court of Appeals for the Eighth Circuit reinstated a Department of Labor policy allowing the Occupational Safety and Health Administration (OSHA) to issue citations to general contractors at construction sites when they have the ability to prevent or abate hazardous conditions created by subcontractors.
Report Link "Controlling Employer" No Longer Liable Under Multi-Employer Worksite Doctrine.
Littler Mendelson, P.C. - June 19, 2007
For over 30 years, when there is a safety or health hazard on a construction or other multi-employer worksite, the Occupational Safety and Health Administration (OSHA) generally issues citations to more than one of the employers on the worksite. These often include the "creating employer," the "correcting employer," and the "controlling employer," even if the actual employees of these employers were not exposed to the hazard. OSHA defines the "controlling employer" as "an employer who has general supervisory control over the worksite, including the power to correct safety violations itself or require others to correct them." Based on this interpretation, general contractors on construction sites often receive OSHA citations for a subcontractor's violation, even if none of the general contractor's employees were exposed to the hazard, and the general contractor neither created the hazard nor was required to correct it.
Report Link Federal OSHA Review Commission Overturns Enforcement Policy for Multi-Employer Construction Job Sites.
Jackson Lewis LLP - May 10, 2007
By a 2 to 1 vote, the federal Occupational Health and Safety Review Commission has dramatically altered the ability of the Occupation Safety and Health Administration (“OSHA”) to cite general construction contractors for safety violations committed by its subcontractors. The Review Commission has uprooted OSHA enforcement policy that goes back 30 years.
Report Link Occupational Safety And Health Review Commission Rejects Controversial “Controlling Employer” Doctrine (pdf).
Fisher & Phillips, LLP - May 07, 2007
No safety issue has generated more controversy among employers than OSHA’s application of its multi-employer worksite policy. Under this policy the Agency can cite general contractors for safety violations by subcontractors on the site, even though the general contractor neither created the hazard nor exposed its own employees.

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