Monday October 21, 2013
ROGUE SUPERVISOR: FEDERAL COURT REJECTS OSHA'S ATTEMPT TO CREATE
STRICT EMPLOYER LIABILITY.
It is well recognized that employer knowledge is required for
OSHA to establish a violation. Under most circumstances, this
element can be satisfied when a supervisor, manager or foreman, who
are agents of the employer, witnesses an employee exposed to a
hazard, but does nothing about it. But what happens when the
supervisor, manager, or foreman is the individual violating OSHA's
The article below examines a recent Federal Court of Appeal's
decision rejecting OSHA's interpretation, and how that decision may
affect OSHA's ability to prove a violation in the first place as
well as the employer's ability to prove unavoidable supervisor
misconduct affirmative defense.