When it comes to accountability from the Occupational Safety and Health Administration (OSHA) for work safety hazards, employers aren’t going to be able to rely heavily on the narrow exception courts have carved for “rogue supervisors.”
That was the ruling recently handed down by 11th Circuit Court of Appeals, based in Atlanta, in which the court affirmed a review by the Occupational Safety & Health Review Commission. The earlier ruling held that an employer based in Claxton, GA broke industry safety standards when it allowed employees to work without fall arrest systems. The company was also accused of failing to prevent a worker from unsafely using a stepladder.
In Quinlan v. U.S. Department of Labor, the company argued it wasn’t responsible for paying government fines for these actions because it was a supervisor who was engaging in misconduct – not the company. In making this argument, it relied on the 2013 case of ComTran Group Inc. v. U.S. Department of Labor. Continue reading