DOL Seeks Review of OSHRC Decision on Mutli-employer Citation Policy

According to the Department of Labor's Office of the Solicitor, the DOL has filed a petition for review of the recent Occupational Safety and Health Review Commission (OSHRC) decision regarding OSHA's multi-employer citation policy (see Secretary of Labor v. Summit Contractors, Inc.). The petition for review of that decision was docketed in the U.S. Court of Appeals for the Eighth Circuit (see 07-2191) on May 21, 2007. The DOL's brief is due on July 16.

The OSHRC decision dealt a blow to OSHA's multi-employer citation policy. The Commission held that Section 1910.12(a) prevents OSHA from enforcing its current multi-employer citation policy to cite a non-exposing, non-creating employer for a violation of Section 1926.451(g)(1)(vii) of OSHA's construction scaffolding standard.

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