Section 71 Multi-Employer Worksite Defense
| Library | Employer-Employee Law 2008 |
A citation will be vacated if the cited employer on a multi-employer worksite:
- did not create or control the allegedly violative condition (i.e., had no ability to correct the condition); and
- either
( took reasonable alternative protective measures; or
( did not know, or with the exercise of reasonable diligence could not have known, of the hazardous nature of the condition.
See Sec’y of Labor v. Lee Roy Westbrook Constr. Co., OSHRC Docket No. 84-9, 1989 OSAHRC LEXIS 7, 13 O.S.H. Cas. (BNA) 2101...
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