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Wednesday, March 04, 2009
Eighth Circuit Court Overrules Review Commission in OSHA Multi-Employer Case
An article in yesterday's online edition of EHS Today reports on a February 26th decision by the Eighth Circuit Court of Appeals. The court ruled on the validity of OSHA's multi-employer citation policy. The ruling stated that:
"The Department of Labor's regulation 29 C.F.R. Sec. 1910.12(a) is unambiguous in that it does not preclude OSHA from issuing citations to employers for violations when their own employees are not exposed to any hazards related to the violations; even if the regulation was ambiguous, the court would defer to the Secretary's reasonable interpretation of the regulation; as a result, the Occupational Safety and Health Review Commission abused its discretion in determining that the controlling employer citation policy conflicted with the regulation." (Read the court decision here.)
Summit Contractors Inc. was cited for a safety violation by a subcontractor based on the "controlling employer" aspect of OSHA's multi-employer citation policy. This court ruling supports the multi-employer citation policy as being valid.
You can read the complete EHS Today article here.
"The Department of Labor's regulation 29 C.F.R. Sec. 1910.12(a) is unambiguous in that it does not preclude OSHA from issuing citations to employers for violations when their own employees are not exposed to any hazards related to the violations; even if the regulation was ambiguous, the court would defer to the Secretary's reasonable interpretation of the regulation; as a result, the Occupational Safety and Health Review Commission abused its discretion in determining that the controlling employer citation policy conflicted with the regulation." (Read the court decision here.)
Summit Contractors Inc. was cited for a safety violation by a subcontractor based on the "controlling employer" aspect of OSHA's multi-employer citation policy. This court ruling supports the multi-employer citation policy as being valid.
You can read the complete EHS Today article here.
Labels: OSHA, OSHA Citations, safety management
posted by Steve Hudgik |
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