ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Construction Law Blogs -> The South Carolina Construction Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Construction Law

: The South Carolina Construction Law Blog

The Controlling Employer is Liable for OSHA Violations

By Ryan McCabe

ADVERTISEMENTS

The Occupational Safety and Health Review Commission recently overturned its 2007 decision in Summit and announced that a nonexposed, controlling employer on a multiemployer worksite is liable for Occupational Safety and Health Administration (?OSHA?) violations. The Court of Appeals for the Eighth Circuit overturned the Commission?s decision in Summit in February of 2009. The Commission?s recent decision also involved Summit Contractors, the general contractor in both instances. Likewise, in both Summit cases a subcontractor was working in the area of the OSHA violation and Summit had very few supervisory employees in place.

Specifically, the Commission addressed the OSHA terminology in 29 C.F.R. § 1910.12(a) which states that ?[e]ach employer shall protect the employment and places of employment of each of his employees engaged in construction work by complying with the appropriate standards prescribed in this paragraph.? The Commission, like the Eight Circuit in the first Summit case, interpreted this to mean that the employer is required to protect not only his or her own employees, but also other employees at the worksite. 

By placing the responsibility for total workplace compliance on controlling employers, the result should be a safer workplace for all employees. Here is a link to the full text opinion. 


This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.


Full post as published by The South Carolina Construction Law Blog on September 02, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0203 secs (new cache)