www.safetyandhealthmagazine.com/articles/oshrc-agrees-with-appeals-court-on-summit-case-2

OSHRC agrees with appeals court on Summit case

September 2, 2010

The Occupational Safety and Health Review Commission on Aug. 19 reversed (.pdf file) an earlier ruling on a case involving OSHA's multi-employer citation policy.

The case involved OSHA citing a general contractor -- Jacksonville, FL-based Summit Contractors Inc. -- for a safety violation caused by a subcontractor on a worksite controlled by Summit and where Summit workers were present.

OSHRC originally vacated the citation in 2004, but the 8th U.S. Circuit Court of Appeals overturned (.pdf file) that decision and remanded the case to the commission for a second look.

The OSHRC reversal was included in a commission decision on a similar yet unrelated case that also involved Summit receiving a citation under the multi-employer citation policy. OSHRC affirmed that citation in light of the appellate court ruling.