ACROSS Our PRESS DESK......

Sam Cahan, PE                          

A Novel Legal Issue

Can the Federal Occupational Safety and Health Review Commission (OSHRC) hold individuals personally liable for violations of the OSH Act, and thus “pierce the veil of a corporation?”

OSHRC seeks amici curiae or “friend of the court” views on whether it has the authority to authorize successor or alter ego liability for a repeat violation. Opinions are also sought on whether policies are embodied in the OSH Act that would be served or frustrated by piercing the corporate veil or by extending the agency’s remedial order to successor or alter egos of a previously cited employer.

These are among the issues in four cases pending before the tribunal. All of the cases began with contested worksite inspections conducted by OSHA.

(For further information view their website, www.oshrc.gov )