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NEWS & NOTES

Court rules general contractors can be cited for subcontractors’ safety violations

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The U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled that the Occupational Health and Safety Administration (OSHA) may cite general contractors for subcontractors’ safety violations. The ruling receded from a 1981 precedent by an administrative law judge that said OSHA could only cite controlling employers – a legal term indicating the general contractor – for the safety of its own employees.

subcontractor to work in what was deemed unsafe conditions. Both were cited for willful violation of an OSHA regulation regarding exposure of employees to a cave-in hazard.

H&E has thier own version of this ad

An administrative judge for the Denver Occupational Safety and Health Commission previously ruled the general contractor could not be cited for the safety hazards created by a subcontractor. The Fifth Circuit said recent rulings in similar cases render the 1981 decision obsolete. ■

EHRBAR uses a completely different ad

The opinion stems from a 2015 case in Texas where a general contractor directed a

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