The Eighth Circuit in a 2-1 ruling uphold a Dept. of Labor policy that the Occupational Safety and Health Administration may issue citations to general contractors at construction sites who have the ability to prevent or abate hazardous conditions created by subcontractors regardless of whether the general contractor created the hazard or whether the general contractor’s own employees were exposed to the hazard.

At issue was an OSHA officer’s citation to a general contractor for a subcontractor’s repeated failure to comply with the general contractor’s safety instructions. When the general contractor appealed the citation, the Occupational Safety and Health Review Commission vacated the citation, saying that the safety law “requires each employer to protect only its own employees,” thereby precluding a policy that a controlling employer who can exercise supervisory authority can be cited.

The Eighth Circuit majority disagrees, saying the Labor Secretary’s interpretation that controlling employers can be cited is reasonable and should be afforded “substantial deference.” According to the decision, the “plain language” of the law “does not preclude an employer’s duty to protect the place of employment, including others who work at the place of employment, so long as the employer also has employees at that place of employment.” Solis v. Summit Contractors, Inc.