PaintSquare.com
      | Connect Follow us on Twitter Like us on Facebook
About | Subscribe | Advertise
  

 

Free Download of our eBook on Overcoating Bridges and Other Structures

Paint and Coatings Industry News

Main News Page


Employer Found Liable for Risk to Subs’ Workers

Wednesday, September 1, 2010

Comment | More

General contractors and other job-site employers may be held responsible for violations created by a subcontractor whose workers are exposed to safety or health hazards, the Occupational Safety and Health Review Commission has ruled.

The decision upholds the Occupational Safety and Health Administration’s multi-employer citation policy and reverses a decision that the Commission itself made during the previous administration.

Under the policy, OSHA inspectors may cite employers on multi-employer worksites for violations that do not expose their own workers to occupational hazards. For example, a general contractor who controls the worksite may be responsible for violations created by a subcontractor, exposing the subcontractor’s employees to safety or health hazards.

The Commission’s Aug. 19 decision affirms an earlier decision by the Eighth Circuit Court of Appeals. The court had rejected the Commission's previous view that employers are legally responsible only for protecting the safety and health of their own workers.

“[O]nce an employer is deemed responsible for complying with OSHA regulations, it is obligated to protect every employee who works in its workplace,” the Commission wrote in its ruling, quoting a precedent set in another case.

The case under consideration involved Summit Contractors Inc., a general contractor constructing an apartment complex in Lebanon, Pa., in 2005. An OSHA compliance officer cited Summit for a safety violation after observing workers of a subcontractor using electrical equipment that lacked Ground Fault Circuit Interrupters that had been brought onto the worksite by Summit.

The Commission found that Summit “maintained significant control over the worksite in general and over the cited condition in particular, such that it was liable for this violation.”

The OSHA policy, issued in 1999, also notes that more than one employer may be cited for the same violation at a site.

   

Tagged categories: Health and safety; OSHA; Regulations

Comment Join the Conversation:

Sign in to our community to add your comments.

SSPC: The Society for Protective Coatings
http://www.sspc.org/

Join SSPC and Enhance
Your Career !


Blastox/The TDJ Group, Inc.
Blastox - One Step
Lead Abatement

Don't waste money on added labor steps with other methods. Don't mix, meter or apply at the job-site. Avoid strict hazardous waste rules.
Let your painters paint


CS Unitec
Work Cleaner and Safer

CS Unitec’s Vibro-Lo low-vibration scalers offer high performance for greater productivity & improved operator comfort. Optional dust shroud. info@csunitec.com


RPB Respiratory
AN INSTANTLY CLEAN VISOR? HOW IS THAT POSSIBLE?

With RPB Safety’s new Nova 3 Cassette Lens System which has been specifically designed to save you time and money! See the benefits for yourself now!


US Minerals
US Minerals -
Black Magnum

With nationwide production and distribution capabilities, U.S. Minerals supplies a complete range of coal slag and other abrasives to meet all of your blasting needs.


Sidewinder/Persyst Enterprises, Inc.
The Sidewinder Model M2 Solvent Recycler

Combat the rising cost of gunwash, thinners, acetone & more while drastically reducing waste disposal coat.


Novatek Corporation
Dustless Coatings Removal

Strip it, clean it, and profile it,
all dust free! High production
rates and Blast like finishes.
Comply with new lead
standards.


DRYCO
The one way to control
a tank: DRYCO

Temporary climate control equipment. Dehumidifiers,
Heaters, A/C, Power, More…
Call: 866-379-2600


Hempel (USA) Inc.
HEMPEL PROTECTIVE COATINGS

Efficient systems and high quality products to reduce your maintenance costs. Visit Hempel Protective for more information.


WINOA Group
W Abrasives - Surf Prep Pack

Experts in surface preparation are not working only on greens. To discover the SURF PREP PACK dedicated to experts, come to visit us during the GIFA (Hall15 - D14).

 
 
 
Technology Publishing

The Technology Publishing Network

The Journal of Protective Coatings & Linings (JPCL) PaintSquare
Durability + Design Paint BidTracker

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us
 

© Copyright 2000-2015, Technology Publishing / PaintSquare, All rights reserved
2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428; E-mail webmaster@paintsquare.com