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The U.S. Court of Appeals for the Eighth Circuit, in a 2-1 decision, ruled that in the case of Elaine Chao v. Summit Contractors, OSHA regulation 29 C.F.R. Sec. 1910.12(a) “is unambiguous in that it does not preclude OSHA from issuing citations to employers for violations when their own employees are not exposed to any hazards related to the violations.” Therefore, according to the ruling, the Occupational Safety and Health Review Commission (OSHRC) “abused its discretion in determining that the controlling employer citation policy conflicted with the regulation.”
Summit Contractors Inc. was the general contractor for the construction of a college dormitory in Little Rock, Ark. Summit subcontracted the exterior brick masonry work to All Phase Construction Inc. In June 2003, an OSHA compliance officer observed All Phase employees working on scaffolds over 10 feet above the ground without fall protection or guardrails in violation of 29 C.F.R. § 1926.451(g)(1)(vii).
None of Summit’s employees were exposed to any hazard created by the scaffold violation, but OSHA nonetheless cited Summit for this violation based on the “controlling employer” aspect of OSHA’S so-called multi-employer citation policy.
In sumary, Summit then contested the Citation of the above grounds, an OSHA administrative law judge upheld the citation, but the Occupational Safety and Health Review Commission (OSHRC) accepted Summit’s argument and overtuned the Citation. OSHA took the matter to court, and a three-judge panel of the United States Court of Appeals for the Eighth Circuit in St. Louis reversed OSHRC and upheld the Citation.
There is much more to this story. Read it here:
http://ehstoday.com/construction/news/eighth-circuit-osha-case-7981/
DISCLAIMER: This article is the posting of a news story only. Nothing in this document is intended to constitute legal advice. If you need legal advice, should consult an attorney.
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