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 Meagan Newman, Elizabeth Leifel Ash, and Craig B. Simonsen

The DC Circuit Court of Appeals has reaffirmed the Occupational Safety and Health Administration’s (OSHA) use of constructive knowledge to impose liability on employers arising from activities at workplaces where more than one employers employees are working. In Summitt Contractors, Inc. v Occupational Safety and Health Review Commission, No.
Continue Reading DC Circuit Court Finds Constructive Knowledge Sufficient to Impose Multi-Employer Liability