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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..
"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..
Labels: OSHA, osha information, OSHA Inspections
posted by Steve Hudgik
Go To This Workplace Safety Post: Read 2 Comments |
2 Comments:
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?
get with it pal us vs doig has been going on since 1993 read 1926.16
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