The Occupational Safety and Health Review Commission reaffirmed and extended its approval of the Multi-Employer Citation Policy in Secretary of Labor v. Summit Contractors, Inc.  The decision, which allows the Occupational Safety and Health Administration to cite construction employers for exposing another employer's workers to a hazard, has brought old questions into sharper relief and raised substantial compliance issues.

In their article, "Multi-Employer Policy Raises Questions About Scope of Employers' Liability," which appears in BNA's Occupational Safety & Health Reporter, Baruch A. Fellner and Daniel P. Rathbun of Gibson Dunn discuss this decision and its implications.

Reproduced with permission from Occupational Saftey & Health Reporter, 40 OSHR 859 (October 14, 2010).  Copyright 2010 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com