OSHA can cite general contractors who fail to control hazardous conditions at multi-employer worksites, even if those conditions do not directly affect their own employees, the U.S. Court of Appeals for the 5th Circuit recently ruled.
The decision will prompt a review of a 2017 case in which a Denver Occupational Safety and Health (OSH) Commission administrative judge ruled that GCs cannot be held liable for the safety violations of subcontractors. The Appeals Court said that the case law on which the OSH judge based the decision was obsolete.
The 5th Circuit said more recent rulings have indicated that a general contractor could be held responsible for safety on the multi-employer site as a “controlling employer.”
Related Stories
Codes and Standards | May 7, 2015
Several states moving to repeal prevailing wage laws
Anti-prevailing wage bills that apply to state-funded construction projects have been passed in West Virginia and Nevada. Similar laws could be passed in Indiana and Illinois.
Codes and Standards | May 7, 2015
New OSHA rule aimed at protecting construction workers in confined spaces
The agency says the rule will protect about 800 workers a year from serious injury.
Codes and Standards | May 1, 2015
Colorado House kills construction defects bill
The legislation would have made it harder for condo owners to sue builders.
Codes and Standards | May 1, 2015
New energy efficiency program, Tenant Star, gets OK from Congress
The voluntary program for commercial and government buildings is modeled after Energy Star.
Smart Buildings | May 1, 2015
FEMA to require states to evaluate risks posed by climate change
The aim is for states to do a better job planning for natural disasters they are likely to face in a warming world.
Codes and Standards | May 1, 2015
Department of Energy asks for feedback on cost-effectiveness of building energy codes
DOE’s RFI wants input on how to improve methodology on cost assessment.
Codes and Standards | Apr 22, 2015
New York State renews design-build authority
Five state agencies are allowed to use design-build on certain projects.
Codes and Standards | Apr 22, 2015
OSHA’s estimated cost of silica rule said to underestimate impact by $4.5 billion annually
The coalition says that OSHA’s flawed cost estimates point to flaws in the rule, and has urged the federal agency to reconsider its approach.
Codes and Standards | Apr 22, 2015
2016 Seismic Provisions for Structural Steel Buildings draft available for public review
The comment period is open until May 29.
Codes and Standards | Apr 22, 2015
GBCI renamed Green Business Certification Inc.
The name change reflects the organization’s expanded certification and credentialing services.