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DC Circuit Upholds OSHA Multi-Employer Worksite Doctrine


Synopsis of article:

On December 14, 2011, the United States Court of Appeals for the District of Columbia rejected another Summit Contractors’ challenge to the Occupational Safety and Health Administration’s (“OSHA”) Multi-Employer Worksite Citation Policy (the “Policy”). Summit Contractors, Inc. v. USDOL and OSHA, ___ F3d ___ (D.C. Cir., December 2011). This is at least the second time Summit vigorously challenged OSHA’s Policy and lost. In its prior challenge, the Eighth Circuit Court of Appeals rejected Summit’s hard and long fought claim finding OSHA’s Policy consistent with the statute, applicable standards and the goals of the OSH Act.

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