Plant Owner Not Responsible for Contractor's Safety Violations
 
May 1, 1999
 

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 owner with sufficient "control" or disciplinary authority over the contractor's employees.

For more information please call Margaret A. Hackbarth at 1-888-688-8500.

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