Eleventh Circuit Keeps Multi-Employer OSHA Roofing Citation

A federal appeals court upheld OSHA citations of a contractor, finding that the company failed in its argument that being responsible for subcontractors would be too expensive.

The US Court of Appeals for the Eleventh Circuit noted that FAMA’s lawyers triedto challenge OHSA’s multi-employer enforcement policy, which allows the agency to cite more than one employer for violations of workplace safety rules, and argue the company didn’t directly control the workers related to the citations because they were overseen by a subcontractor.

Judge Ed Carnes pointed out during oral arguments in March that FAMA’s contract with the workers equates ...