An administrative judge in the Corporate Security and Health Committee confirmed a citation and a penalty of $ 12,471 against a builder in a case where an appeal court reversed a decision to quote issued by the US Occupational Safety and Health Administration. – responsible responsibility policy.
In Secretary of Labor Against Hensel Phelps Construction Co. was Hensel Phelp's general contractor on a library project in Austin, Texas and fought with a cautious citation and a suggested $ 70,000 penalty by OSHA after the inspectors found excavations and cross-border hazards in place. Hensel Phelps challenged its responsibilities as a controlling employer, despite the parties agreeing that if the quote were confirmed, it would be reclassified as a non-serious offense against a revised penalty amount of $ 1
In 2017, an administrative team judge ruled OSHA regulations requiring the protection of an employer's own employees from workplace risks and provided the quote, founding the original decision of a 1981 ruling by the 5th US Circuit Court of Appeal in New Orleans called Melerine v Avondale Shipyards Inc. In that decision, the Appeal Court ruled that the Occupational Safety and Security Act and safety standards only protect an employer's own employees, even if the decision implied a subcontractor's negligence on senior contractors.
The 5th circuit on November 26 reversed and canceled the case Hensel Phelps after completing "that the work secretary is empowered under (OSHA regulations) to issue quotes to control employers on employers at multiple employers for breaches of the law standards. "
The second, 6th and 9th circles had previously retained OSHA's policy for multiple employers, which meant that if the 5th circuit had not twisted the decision, it could have led to a split in the circuit courts that led to the United States: s Supreme Court reviewed the dispute. 19659002] But in light of the judgment of the 5th circuit, the jury members confirmed the other than serious violation and a $ 12,471 penalty that wrote that "he 5th Circuit returned his historical position on the employer's liability under the Health and Safety Act. "
The court decision was a final order of the investigation commission on Monday.
A lawyer and spokesman for the company could not immediately be reached for comment.