United States Fifth Circuit

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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

  • Argued
  • Submitted
  • Decided
  • Published 2018/11/26


  • Graves


  • United States Fifth Circuit


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