{"id":1,"date":"2013-06-29T19:46:14","date_gmt":"2013-06-29T19:46:14","guid":{"rendered":"https:\/\/blueoceana.com\/dev\/?p=1"},"modified":"2013-11-25T18:37:22","modified_gmt":"2013-11-25T18:37:22","slug":"hello-world","status":"publish","type":"post","link":"https:\/\/blueoceana.com\/?p=1","title":{"rendered":"It’s All In The Details"},"content":{"rendered":"
Recently, our firm has been handling more and more OSHA contested cases wherein the agency has cited maritime industry employers utilizing the multi-employer workplace doctrine. In those contested cases, the agency had alleged (most often) that our clients were\u00a0“a controlling employer”<\/i>\u00a0and while their own employees were not exposed to the hazard(s) alleged, they had the responsibility to ride roughshod over another employer sharing the same workplace (a contractor whose employees are parties to a labor contract that our clients aren’t a party to) so as to ensure that the contractor’s employees were provided a safe workplace.<\/div>\n

 <\/p>\n

In preparing for trial, we’ve found OSHA’s arguments very unpersuasive and largely reliant on case law that is exclusively applicable to the construction industry. In checking with other maritime employers that have been in a similar position over the last several years, we’ve found that they, too, have been misled by OSHA (and the agency’s attorneys) into believing that what applies to the construction trades (within the context of multi-employer worksite citations) applies everywhere. That’s simply not true, and well settled DC Circuit Court of Appeals case law bears that out.<\/div>\n

 <\/p>\n

We invite readers to review one bedrock case in particular, and to register their views and opinions as entries with this blog. Here’s a link to the DC Circuit’s decision in re\u00a0IBP v. Secretary of Labor<\/i>:<\/div>\n

 <\/p>\n

http:\/\/www.cadc.uscourts.gov\/internet\/opinions.nsf\/547BA9E03CF698EE85256F12006E576A\/$file\/97-1389a.txt<\/a><\/div>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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