Plant Owner Not Responsible for Contractor's Safety Violations
Recently, a federal appellate court refused to hold a meat processing plant
owner responsible for its cleaning contractor's OSHA violations. IBP v. Herman
(D.C. Cir. 1998). In doing so, the court cast significant doubt upon the
Secretary of Labor's authority to cite property owners as "controlling
employers."
In evaluating the citation against the owner, the court explained that, even
if an owner could be cited for safety violations as a "controlling
employer," the owner did not exercise the requisite control over the
contractor in this case. It reached that conclusion because the owner had no
contractual right to discipline the contractor's employees, and, in the parties'
contract, the owner had effectively shifted the burden of labor supervision,
worksite control and safety compliance to the contractor. Although the court
recognized that the owner had the right to terminate the contractor for safety
violations, it explained that such a drastic remedy did not effectively provide
the...
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