OSHRC Underlines ‘Creating Employer’ Test In New Remand Order

The Occupational Safety and Health Review Commission (OSHRC) is underscoring the importance of the “creating employer” doctrine for identifying liability for safety violations at multi-employer worksites, as the panel remanded for new proceedings a case where an administrative law judge (ALJ) rejected an OSHA crane-safety violation under separate test for identifying “controlling” employers at such sites. OSHRC issued its order in Secretary of Labor v. ACrane Rental, LLC, on Jan. 10, teeing up further litigation on a whether the...