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. 

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