Legal Alert: Federal Review Commission Decision Eliminates "Controlling Contractor" Liability in Construction

On April 27, 2007, the Federal Occupational Safety and Health Review Commission ("OSHRC") handed down a dramatic decision which accordingly to the dissenting judge in the case "reversed over 30 years of legal precedent" involving multi-employer liability. The decision, which is virtually certain to be appealed by the Occupational Safety and Health Administration ("OSHA"), eliminates OSHA's ability to issue citations to "controlling employers" on construction sites. This decision is a huge victory for general contractors and other controlling employers in the construction industry.

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