News & Analysis as of

Subcontractors Safety Violations Construction Industry

Jackson Lewis P.C.

OSHA Continues to Cite Construction General Contractors for Subcontractor Violations

Jackson Lewis P.C. on

The lines of liability may not follow construction contract relationships, and a general contractor (GC) can be held liable for the safety and health violations of subcontractors on the worksite. While the Occupational Safety...more

Cozen O'Connor

Is a General Contractor Liable for Safety Violations of its Subcontractors under OSHA?

Cozen O'Connor on

The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected...more

Parker Poe Adams & Bernstein LLP

OSHA Continues to Cite General Contractors for Subcontractors' Safety Violations

According to the Occupational Safety and Health Administration (OSHA), falls continue to be the top cause of employee deaths in the construction industry. Understandably, OSHA views fall protection as an enforcement priority....more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Parker Poe Adams & Bernstein LLP

North Carolina OSHA Continues to Issue Multiemployer Worksite Citations

Employee falls and other construction hazards continue as a primary source of North Carolina workplace injuries and deaths. Several years ago, North Carolina OSHA increased its citation of general contractors for unsafe work...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Fisher Phillips

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

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