News & Analysis as of

Multi-Employer Worksites

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

Smith Anderson on

For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part III: The Duty to Comply With Standards

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence...more

Jackson Lewis P.C.

OSHA Continues to Cite Construction General Contractors for Subcontractor Violations

Jackson Lewis P.C. on

The lines of liability may not follow construction contract relationships, and a general contractor (GC) can be held liable for the safety and health violations of subcontractors on the worksite. While the Occupational Safety...more

Holland & Hart LLP

Appeals Court Decision Shines a Spotlight on H-1B Employees and Work Site Location

Holland & Hart LLP on

The recent rise in remote work has transformed industries across the United States, with a large number of employers allowing employees to perform their jobs entirely from home. In many cases, an employee’s home can be...more

Cozen O'Connor

National Institute for Occupational Safety and Health Issues Guidebook on Protecting Temporary Workers

Cozen O'Connor on

The use of “leased” employees continues to skyrocket. Between 1992 and 2017, it is estimated that the number of people working for employee leasing firms increased 682%, from 341,884 to 2.7 million. There are a variety of...more

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

Seyfarth Shaw LLP

“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles....more

McDermott Will & Emery

Weekly IRS Roundup December 27 – December 31, 2021

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of December 27, 2021 – December 31, 2021... December 27, 2021: The IRS published a news release...more

Weintraub Tobin

Legislative Update: Cal/OSHA’s Citation Authority Expanded

Weintraub Tobin on

On September 27, 2021, Governor Newsom signed SB 606, which creates two new categories of Cal/OSHA violations: “enterprise-wide” violations and “egregious” violations. The new law expands Cal/OSHA’s citation authority and...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

OSHA Can Cite Landlords for Improper Asbestos Removal

The Occupational Safety and Health Act generally requires employers to mitigate exposure of their own employees to workplace hazards. In limited circumstances, companies can be cited for OSHA violations even if the only...more

Foley & Lardner LLP

Do You Have My Back? Safety Considerations for Multiemployer Worksites

Foley & Lardner LLP on

You and the person who offices next to you, or the person with whom you just shared a story in the break room, may not share the same employer. Some worksites contain a mix of workers that includes traditional employees,...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

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