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.