On April 27, 2007, the Occupational Safety and Health Review Commission reversed more than 30 years of Commission precedent when it ruled that a construction site general contractor could not be held responsible for the safety standard violations of its subcontractor that only put the subcontractor’s employees at risk.  Since 1971, OSHA has routinely cited general contractors for the violations of their subs, even when the safety hazard was not created by the general contractor and even though the general contractor’s own employees were not exposed to the hazard, on the theory that the general contractor “controlled” the worksite.  In its April decision, the Commission held that an employer’s compliance obligation for violations of safety standards was limited to its own employees.  A general contractor who has none of its employees exposed to a subcontractor-created hazard will no longer be cited. 

This important reversal in the interpretation of OSHA standards in the construction industry is critical to fighting citations issued to general contractors.  We stand ready to assist you in defending when necessary citations under this and other OSHA safety standards.