HB NEXT for decades has assisted construction firms defending their work. With the expertise of HB NEXT, you’ll find their services are a better choice than just trying to reduce a violation. You’ll have access to a team of industry experts and counsel.
HB NEXT Representative Court Cases
(Large Telecommunication Utility Contractor) v. United States Secretary of Labor, 722 F.3d 1304 (11th. Cir. 2013). This decision by a federal Court of Appeals requires the Secretary of Labor to prove employer knowledge of a supervisor’s misconduct whenever OSHA attempts to enforce its proposed citations in cases involving misconduct by a supervisor.
United States Secretary of Labor v. (Large Utility Contractor), OSHRC No. 08-1225 (2013). An HB NEXT client was awarded more than $30,000 in attorney’s fees and costs after proving at trial that OSHA lacked a substantial basis for its alleged citation. The court decision clarified an employer’s eligibility for an award of fees and costs under the federal Equal Access to Justice Act in the successful defense of an OSHA general duty citation.
Appeals after OSHA hearings are not automatic. Selection of cases by the Occupational Safety and Health Review Commission for review in Washington are discretionary. The Commission only accepts about five to eight cases each year for review. HB NEXT has one each in 2013 and 2014.
In United States Secretary of Labor v. (DOT & Utility Contractor)., OSHRC No. 12-0643, an OSHA proposed willful violation was successfully reduced to Serious after trial. Upon review, the Commission is expected to define the distinction between serious and willful violations.
Although it is well settled that a General Contractor is not held to the same standard of vigilance with respect to safety violations of subcontractor employees, the degree of differential is not settled. In United States Secretary of Labor v. (Large General Contractor), OSHRC Docket No. 12-2385, the Commission is expected to define the parameters for general contractor liability on a multi-employer worksite.
Don’t face the courts alone. Contact HB NEXT and let’s keep your employees safe, your project on track, under budget and out of the courtoom.