8th Circ. Restores OSHA's Right To Cite Employers

Law360, New York (March 2, 2009, 12:00 AM EST) -- Pointing to 30 years of precedent, the U.S. Court of Appeals for the Eighth Circuit has vacated and remanded a ruling on multi-employer liability in construction standards, temporarily handing authority back to the Occupational Safety and Health Administration to cite multiple employers for violations.

On Thursday, the Eighth Circuit reversed the Occupational Safety and Health Review Commission's earlier ruling in the Secretary of Labor v. Summit Contractors Inc. case, which stripped OSHA of the right to reprimand “controlling” employers.

That decision flew in the face of...
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