Article examines the difference of opinion among the United States courts of appeals regarding the parameters of employer responsibility under the Occupational Safety and Health Act (OSHA) for the conduct of employees. Article examines the Fourth Circuit’s decision in Ocean Electric Corp. v. OSHRC where a more stringent standard of liability should apply to the actions of foremen acting in their supervisory capacity and how other circuits might rule in similar factual scenarios.
The Standard of Employer Liability for Conduct of Supervisory Personnel Under the Occupational Safety and Health Act,
6 Fordham Urb. L.J. 627
Available at: http://ir.lawnet.fordham.edu/ulj/vol6/iss3/9