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Safe Workplace and Safety News

Blog Author Steve Hudgik


Monday, December 19, 2011

Court Upholds OSHA’s Multi-Employer Citation Policy

A report on ISHN web site states that last week a D.C. Court upheld OSHA's multi-employer citation policy. The ISHN report states:

"The D.C. Circuit ruled that OSHA was not required to promulgate through notice and comment rulemaking its multi-employer citation policy and could impose multi-employer liability through adjudication before the OSHRC. The Court also rejected the contractor’s claim that multi-employer liability establishes a common law duty of care to subcontractor employees in violation of section 4(b)(4) of the OSH Act."

Under the policy, OSHA inspectors may cite employers on multi-employer work sites for violations that do not expose their own workers to occupational hazards. For example, a general contractor who controls the work site may be responsible for violations created by a subcontractor whose workers are exposed to safety or health hazards. 

OSHA's multi-employer policy is available here on the OSHA web site..

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posted by Steve Hudgik
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2 Comments:

Anonymous Anonymous said...

So osha gets to make a rule but not tell any one about it? Shouldn't all rules go through a public comment period? Whats going on here?

6:14 AM  
Blogger JMB said...

get with it pal us vs doig has been going on since 1993 read 1926.16

10:32 AM  

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