By James L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  We had blogged previously that OSHA appealed an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine and citation of a “controlling employer” general contractor. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. August 4, 2017).  The Fifth
Continue Reading Fifth Circuit Last to Uphold OSHA’s Multi-Employer Worksite Doctrine

By James L. Curtis, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17).

This case involves an unprotected excavation at a construction site that both parties agreed was in
Continue Reading 5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

By Benjamin D. Briggs, Brent I. ClarkJames L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

iStock_000042612884_MediumSeyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and other OSHRC precedent.

A recent
Continue Reading “Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

By Mark A. Lies II and Elizabeth Leifel Ash

On August 17, 2009, three journeymen electricians from M. C. Dean (Dean), an outside contractor, were servicing electrical installations at a warehouse owned by Ryder Transportation Services (Ryder).  One of the journeymen electricians fell through a skylight on the warehouse roof and suffered fatal injuries.  Following this accident, the Occupational Safety and


Continue Reading “Am I Management?” New OSHA Case Blurs Lines Between Employees And Supervisors During Inspections

By Mark A. Lies II and Timothy R. Gerlach[1]

It is a fact of everyday business life that many employers will, from time to time, be required to  engage outside contractors to perform a variety of services at the employer’s facility that the employer cannot perform with its own employees.  Recently, OSHA has begun to expand the employer’s liability for


Continue Reading OSHA Expansion of Fall Hazard Liability for Host Employers