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Reduced Liability of General Contractors for OSHA Violations of Subs

A recent decision of the Occupational Health and Safety Review Commission paves the way for fewer OSHA citations against general contractors.  In Secretary of Labor v. Summit Contractors, Inc., a divided Review Commission held that general contractors cannot be cited as “controlling employers” under the agency’s multi-employer worksite doctrine for safety violations of subcontractors.  This stands to reverse a near 30-year OSHA practice of citing both the subcontractor responsible for the violation as well as the general contractor responsible for supervising the worksite, even when the general contractor had no direct role in the safety violation and had none of its own employees exposed to the hazard.

Despite the decision, every contractor – general or sub – continues to be responsible for worksite safety and OSHA compliance with respect to their own work and employees.  Accordingly, Summit should not lead general contractors to abandon worksite safety programs.  As always, safety should remain a priority for all contractors and employees.

Although OSHA has appealed the Review Commission’s decision, Summit will apply to any enforcement action that comes before the Review Commission unless and until the case is overturned.  However, because OSHA is not formally required to adjust its policies to the Review Commission’s decisions, Summit may not impact how OSHA compliance officers operate in the field.  Regardless of the outcome of its appeal, OSHA may also seek to amend the language of the governing statute to allow citation of general contractors consistent with its current practice under the multi-employer worksite doctrine.  Until this issue is ultimately resolved through litigation or legislation, any general contractors cited under the doctrine may want to seek legal advice.

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This page is intended to provide general information about various legal issues and developments.  It is not intended to be a complete list of all recent legal developments.  This page does not constitute legal advice and should not be relied upon in dealing with specific factual or legal matters.