Multi-Employer OSHA Citation Appeal Meets Eleventh Circuit Doubt

A panel of Eleventh Circuit judges are skeptical toward vacating an OSHA multi-employer citation for a contractor that allegedly failed to protect roofing workers from falls.

FAMA Construction LLC is seeking to have citations amounting to more than $153,000 vacated by the US Court of Appeals for the Eleventh Circuit. The company argued it isn’t liable as a controlling employer of the job site because its “merely a matchmaker” by pairing labor subcontractors with work.

The judges Tuesday questioned the scope of FAMA’s responsibility and control over these subcontractors. Judge Ed Carnes pointed out FAMA’s contract with the workers equates ...