OSHA Commission Rejects Multi-Employer Enforcement
The Occupational Safety and Health Administration's (OSHA) long-standing
policy of citing general contractors for safety violations committed
by sub-contractors at construction sites has been overturned.
In overturning the 30-plus year multi-employer work site policy,
the OSHA's Review Commission held that OSHA may no longer site a
"controlling employer" when that employer did not create
or subject its employees to the cited hazard.
This decision will give general contractors and "controlling
employers" a significant weapon in contesting OSHA citations
on multi-employer sites. It is likely that the decision will land
in the U.S. Court of Appeals.