Federal Appellate Court Finds that Different Facilities Were Not a Single Employer

The Second Circuit Court, in a recent opinion, has upheld a ruling by the Occupational Safety and Health Review Commission (Commission) that different facilities/subsidiaries or affiliated companies with a common owner/parent corporation were not a “single employer” under the Occupational Safety and Health Act (OSH Act), thus repeat citations were not appropriate. The Commission overruled the administrative law judge (ALJ) who found against the company and upheld the repeat citations issued by Occupational Safety and Health Administration (OSHA). 

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