The Summit Case and its Impact on Employers
The U.S. Court of Appeals for the Eighth Circuit, in a 2-1 decision, ruled that in the case of Elaine Chao v. Summit Contractors, OSHA regulation 29 C.F.R. Sec. 1910.12(a) “is unambiguous in that it does not preclude OSHA from issuing citations to employers for violations when their own employees are not exposed to any hazards related to the violations.” Therefore, according to the ruling, the Occupational Safety and Health Review Commission (OSHRC) “abused its discretion in determining that the controlling employer citation policy conflicted with the regulation.”
This U.S. Court of Appeals ruling – that OSHA can issue citations to a “controlling” employer on a job site for violations even though that employer’s workers are not exposed to any hazards related to the violations – could have significant impact on many employers across the country. more
