Eighth Circuit Reinstates Multi-Employer Worksite Liability


The U.S. Court of Appeals for the Eighth Circuit in Solis v. Summit Contractors, Inc., reinstated OSHA’s ability to issue citations to general contractors at multi-employer worksites. By vacating a 2007 decision by the Occupational Safety and Health Review Commission (OSHRC), the Eighth Circuit reestablished OSHA’s nearly 30 year-old policy allowing it to issue citations to general contractors as the “controlling employer” for a subcontractor’s violation of a safety hazard, even if none of the general contractor’s employees was exposed to the cited safety hazard, and the general contractor neither created the hazard nor was required to correct it.

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