OSHA’s Controlling Employer Citation Policy

On February 26, 2009, in Hilda Solis v. Summit Contractors, Inc., No. 07-2191 (8th Cir. 2009), the court vacated an Order by the Occupational Safety and Health Review Commission (OSHRC), which held that the Secretary of Labor’s multi-employer worksite policy for “controlling employers” violated agency policy. The ruling provides additional legal support for issuing citations to general contractors at construction sites who have the ability to prevent or abate hazardous conditions created by subcontractors.

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