Timothy Liam Epstein, a member of the firm's Construction Practice Group, recently authored an article for The Critical Path: the newsletter of the DRI Construction Law Committee.  The article, "Reversal of Fortune: Upstream Contractors’ Victory in Summit is Short-lived," discusses the multi-employer worksite doctrine (clarified by the Multi-Employer Citation Policy under OSHA Directive CPL 2-0.124), which allows the OSHRC to issue citations to general contractors considered “controlling,” “creating,” or “exposing” employers. The contractor’s subjection to citations exists irrespective of whether it exposed its own employees to the hazard.  Specifically, this article discusses the recent decision by the Eighth Circuit in Solis v. Summit Contractors, Inc. (formerly Chao v. Summit Contractors, Inc.), and the decision's impact on potential liability for general contractors and construction managers for OSHA violations.

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