8th Circuit Supports OSHA's Authority to Cite 'Controlling Employers'

ST. LOUIS - The 8th Circuit Court of Appeals has sided with the Occupational Safety and Health Administration in holding that the agency can issue citations for workplace hazards to a "controlling employer," such as a general contractor, whether or not that employer has its own employees at risk. Solis v. Summit Contractors Inc., No. 07-2191 (8th Cir.).

A three-judge panel of the court on Feb. 26 overturned a 2-1 ruling by the Occupational Safety and Health Review Commission that vacated a citation issued to a general contractor because of a subcontractor's failure to take proper safety precautions in using …