United States Fifth Circuit
Acosta v. Hensel Phelps Construction Co., 17-60543
Held that the U.S. Secretary of Labor has authority under the OSHA statute to issue a citation to a general contractor at a multi-employer construction worksite who controls a hazardous condition at that worksite, even if the condition affects another employer's employees. Criticized a circuit precedent, Melerine v. Avondale Shipyards, Inc., 659 F.2d 706 (5th Cir. 1981), which had held that the Act protects only an employer's employees.
Appellate Information
- Published 2018/11/26
Judges
- Graves
Court
- United States Fifth Circuit