U.S. Court of Appeals for the Eighth Circuit
OSHA's long-standing policy of citing general contractors for safety violations committed by sub-contractors at construction sites was overturned in this significant decision issued by the Occupational Safety and Health Review Commission. In overturning OSHA's controversial, 30+ year multi-employer work site policy, the Review Commission held that OSHA may no longer cite a "controlling employer" when that employer did not create or subject its employees to the cited hazard. This policy allowed OSHA to issue multiple citations for the same violation. OSHA appealed the OSHRC decision.
Status: PENDING. Amicus brief filed in support of Summit Contractors October 3, 2007.
