11th Circuit Judges Appear Skeptical Of Challenge To OSHA Enforcement

A three-judge panel of the 11th Circuit appeared skeptical during recent oral argument of a construction company’s arguments that OSHA’s multiemployer citation policy is unreasonable on its face and that the agency’s “selective” enforcement of the policy is also unreasonable. In Fama Construction LLC v. Occupational Safety and Health Review Commission (OSHRC) , the Georgia construction company is challenging an administrative law judge (ALJ) finding that upheld an OSHA citation for fall-protection violations by a subcontractor under the firm’s control,...