News & Analysis as of

Subcontractors Citations

Cozen O'Connor

Is a General Contractor Liable for Safety Violations of its Subcontractors under OSHA?

Cozen O'Connor on

The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

DirectEmployers Association

OFCCP’s New Emerging AAP Delivery Portal and AAP “Verification” Program: Much Ado About Nothing

​Tuesday August 31, 2021: OFCCP’s New Emerging AAP Delivery Portal and AAP “Verification” Program: Much Ado About Nothing - Both New Initiatives Lack Regulatory Authority and Both Are Unenforceable - But, will...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Parker Poe Adams & Bernstein LLP

North Carolina OSHA Continues to Issue Multiemployer Worksite Citations

Employee falls and other construction hazards continue as a primary source of North Carolina workplace injuries and deaths. Several years ago, North Carolina OSHA increased its citation of general contractors for unsafe work...more

Laner Muchin, Ltd.

Occupational Safety & Health Review Commission Provides Guideposts For Avoiding “Controlling” Employer Liability On Multi-Employer...

Laner Muchin, Ltd. on

Under the Occupational Safety & Health Administration’s (OSHA) 1999 Multi-Employer Citation Policy, general contractors, construction companies, and other “host” employers can face liability for accidents involving...more

Hahn Loeser & Parks LLP

OSHRC’s Recent Ruling Provides Important Guidance on Limiting Controlling Employer Liability on Multi-Employer Worksites

On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Fisher Phillips

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

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The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

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