2019 NSC Congress & Expo

45 - Joint Employers and Enterprisewide Liability: Navigating the New Rules for Safety "HOT" (Room 29A)

09 Sep 19
4:00 PM - 5:00 PM

Tracks: Emerging Issues

Joint employer and enterprisewide liability for safety has been the subject of evolving case law and agency policies in recent years. This session addresses varying ways that multiple employers may be held liable by OSHA or in tort law for the same safety and health infractions. The National Labor Relations Board “joint employer” rule, used by OSHA when dealing with franchises and host/staffing agency relations to determine responsibility for compliance, is changing. OSHA also has rescinded the 2015/2016 guidance on joint employers and independent contractor, even as a 2018 decision upheld its multi-employer enforcement doctrine. Issues involving multi-site operations, such as repeat violations, SVEP, enterprisewide abatement and settlements also will be covered.