Protecting Your Company from OSHA Liability for Supervisor Misconduct

Recently, the Eleventh Circuit Court of Appeals joined the Third, Fourth, Fifth, and Tenth Circuits in finding that an employer is not necessarily liable for OSHA violations committed by its supervisors. See Comtran Group, Inc. v. U.S. Dept. of Labor, No. 12-10275 (11th Cir. July 23, 2013). In order to establish that an OSHA regulation has been violated, the Secretary must show four elements: (1) that the regulation applied; (2) that it was violated; (3) that an employee was exposed to the hazard that was created; and at the heart of this case (4) that the employer knowingly disregarded the OSH Act’s requirements.

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