News & Analysis as of July 24, 2025

Employer Liability Issues

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

The Site Report - Construction Law Insights, Issue 3, March 2025

Spilman Thomas & Battle, PLLC on 4/2/2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on...more

The Site Report - Construction Law Insights, Issue 10, October 2024

Spilman Thomas & Battle, PLLC on 11/1/2024

Welcome to our 10th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from the use of...more

Is a General Contractor Liable for Safety Violations of its Subcontractors under OSHA?

Cozen O'Connor on 6/20/2022

The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected...more

“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

Seyfarth Shaw LLP on 6/2/2022

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles....more

#WorkforceWednesday: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care...

Epstein Becker & Green on 3/23/2022

This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts. Texas Court Reinstates DOL Independent Contractor Rule A district...more

Snapshot on Manufacturing Industry: February 2022

Fisher Phillips on 2/22/2022

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Labor and Employment Law: What’s New in 2022

Bradley Arant Boult Cummings LLP on 12/30/2021

Although the first of January is ultimately just another day in the grand scheme of things, many of us attach a special significance to it. It is a day where we symbolically leave our problems behind and press forward to see...more

Executive Order 14042 - Update 12.0 U.S. District Court Issues Nationwide Injunction

Sheppard Mullin Richter & Hampton LLP on 12/9/2021

Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive...more

COVID-19 Developments for Federal Contractors…

Fenwick & West LLP on 12/8/2021

[Editor's Note (12/07/21): A second court―the U.S. District Court for the Southern District of Georgia―has issued an injunction halting enforcement of the federal contractor vaccine mandate on a nationwide basis. The district...more

Federal Contractor Vaccine Mandate Blocked Nationwide

Butler Snow LLP on 12/8/2021

A federal judge in Georgia issued a nationwide injunction blocking Biden’s vaccine mandate for federal contractors. The case is Georgia v. Biden, S.D. Ga., No. 21-cv-00163, 12/7/21. The mandate was set to take effect on...more

Federal Contractor Vaccine Mandate Blocked in Kentucky, Ohio, and Tennessee

Butler Snow LLP on 12/2/2021

On November 30, 2021, the United States District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to halt enforcement of the vaccine mandate for federal contractors set forth in...more

OMB Attempts to Plug Holes in the Government Contractor Vaccine Mandate

Bass, Berry & Sims PLC on 11/18/2021

Likely in response to the flurry of litigation challenging the government contractor vaccine mandate, on November 16 the Office of Management and Budget (OMB) published a new notice of determination and request for comments...more

Safer Federal Workforce Task Force Issues Additional Guidance on COVID-19 Safety Protocols for Federal Contractors

Burr & Forman on 11/3/2021

On November 1, 2021, the Safer Federal Workforce Task Force issued additional guidance for federal contractors with respect to vaccine mandates and other COVID-19 safety protocols. The new guidance is available on the Safer...more

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

Epstein Becker & Green on 10/6/2021

This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

White House Issues New Rulemaking Directions and an Executive Order to Increase Vaccinations of Private Sector Employees

Goodwin on 9/10/2021

On September 9, 2021, the White House announced three actions to increase COVID-19 vaccinations of private sector employees throughout the country. These extraordinary actions, which are aimed at curbing the surging Delta...more

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Parker Poe Adams & Bernstein LLP on 10/30/2020

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Occupational Safety & Health Review Commission Provides Guideposts For Avoiding “Controlling” Employer Liability On Multi-Employer...

Laner Muchin, Ltd. on 5/2/2019

Under the Occupational Safety & Health Administration’s (OSHA) 1999 Multi-Employer Citation Policy, general contractors, construction companies, and other “host” employers can face liability for accidents involving...more

OSHRC’s Recent Ruling Provides Important Guidance on Limiting Controlling Employer Liability on Multi-Employer Worksites

Hahn Loeser & Parks LLP on 4/16/2019

On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the...more

Legal Accountability and Construction Accidents: Investigating, Reporting and Engaging Outside Counsel

Snell & Wilmer on 1/28/2019

Construction accidents are inevitable, even for clients who implement and enforce a meticulous safety plan on a project. Despite best intentions and protections afforded to contractors, employees, subcontractors, vendors and...more

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

Bradley Arant Boult Cummings LLP on 1/18/2019

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Fifth Circuit Upholds OSHA’s Multi-Employer Citation Policy

Beveridge & Diamond PC on 12/19/2018

The Fifth Circuit has now joined the seven other Courts of Appeals that have rejected challenges to the Occupational Safety and Health Administration’s (“OSHA”) Multi-Employer Citation Policy. In Acosta v. Hensel Phelps...more

For OSHA Purposes, First Circuit Deems Subcontractor Employee of General Contractor

Parker Poe Adams & Bernstein LLP on 2/21/2018

Construction contractors are familiar with the Occupational Safety and Health Administration’s Multi-Employer Worksite rule. Under this rule, a general contractor (GC) can be held liable for safety violations committed by...more

Key Take-A-Ways From Our 2017 Employment Law Seminars

Haynsworth Sinkler Boyd, P.A. on 1/24/2018

Haynsworth Sinkler Boyd recently hosted our annual Employment Law Seminars across South Carolina. These complimentary seminars educated Human Resource professionals on recent employment law updates and changes....more

OSHA's New Silica Rules: Are you ready for OSHA to inspect your jobsite?

Dentons on 11/30/2017

OSHA’s new silica rules (“Silica Rules”) for construction went into effect on September 23, 2017. Under the new Silica Rules, all contractors who engage in activities that create silica dust (such as by cutting, grinding, or...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on 6/16/2017

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

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