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OSHA Multi-Employer Policy Upheld in March 9th Court Ruling
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A recent decision by the 8th Circuit U.S. Court of Appeals places the responsibility of monitoring all employees and aspects of the worksite back to the controlling employer. The Court’s ruling on March 9, upholds the
Occupational Safety and Health Administration’s (OSHA) multi-employer citation policy and overturns an earlier decision by the
Occupational Safety and Health Review Commission (OSHRC) which held that a controlling employer cannot be cited based on a hazard that it did not create and to which it did not expose its own employees.
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The 8th Circuit’s ruling means the controlling employer is once again held accountable for keeping all employees safe at a worksite, not just their own employees.
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The multi-employer citation policy states that OSHA may issue citations to employers that not only expose their own employees to a hazard but as well as those that create the hazard, are responsible for correcting the hazard and employers exercising general supervisory authority over the worksite.
To read this decision, visit
http://www.ca8.uscourts.gov/opns/opFrame.html and search for case number: 07-2191. To read OSHA’s Multi-Employer Citation Policy visit
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2024
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