Legal Issues

Eighth Circuit Renews OSHA’s Authority to Issue Multi-Employer Citations in the Construction Industry

As outlined in this Morgan Lewis Labor and Employment Lawflash, dated March 2, 2009, the United States Court of Appeals for the Eighth Circuit decided in favor of the Occupational Safety and Health Review Commission’s original decision related to the case Secretary of Labor v. Summit Contractors, Inc. (No. 03-1622, 4/27/07). This favorable decision apparently renews and expands upon OSHA’s “authority to issue citations to general contractors for violations” of U.S. construction standards which according to the American Society for Testing and Materials (ASTM) often includes standards concerning the proper use and application of building adhesives, cement, masonry, roofing materials, thermal insulation, and especially plywood and other types of lumber (Construction Standards, 2013).