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Understanding OSHA’s Multi-Employer Worksite Doctrine and the Unforeseeable Employee Misconduct Defense
November 12, 2019 12:00 PM - 1:00 PM
(EST)
Description
With construction booming, many subcontractors find themselves struggling to provide enough labor at each project. As a result, more and more subcontractors are engaging second tier subcontractors to help with the current work load. Subcontracting work to a subcontractor, however, does not absolve the first tier subcontractor of responsibility for safety under OSHA, even in a situation where all of the work is performed by a subcontractor. OSHA can issue a citation to the controlling employer, the correcting employer, and the creating employer, in addition to the exposing employer. We will discuss OSHA’s multi-employer worksite doctrine, and we will also be sure to discuss the duties required of each type of employer on a multi-employer worksite. We will also address the unforeseeable employee misconduct defense to an OSHA citation, for when the subcontractor is cited as the exposing employer.
Speaker Biography:
Philip J. Siegel, Esq., is a partner and shareholder with the firm of Hendrick, Phillips, Salzman & Siegel. Philip attended the University of Michigan in Ann Arbor, Michigan graduating with distinction from the School of Business Administration where he earned his B.B.A. Mr. Siegel received his law degree from Emory University School of Law. He worked in the public accounting industry as a state and local tax consultant for two years prior to commencing his career as a construction litigation and labor/employment attorney.
Mr. Siegel’s practice focuses primarily in the areas of labor/employment law, including defense of OSHA citations, immigration compliance assistance, Davis-Bacon Act consulting, contract consulting, and construction litigation, including representation of general contractors, subcontractors and suppliers, all on a national basis.
Mr. Siegel has written a number of articles concerning labor and employment issues affecting the construction industry. Mr. Siegel has also lectured on construction topics to a wide range of groups, including seminars sponsored by the Insulation Contractors Association of America, the Independent Electrical Contractors Association, the National Women in Construction (Dallas Chapter), the Building Trades Employers Association, GAF, the Firestop Contractors International Association, the Chicago Roofing Contractors Association, the American Subcontractors Association, the Construction Financial Management Association, the National Roofing Contractors Association, Lorman Educational Seminars, the Arizona Roofing Contractors Association, the Wisconsin Roofing Contractors Association, the Mid Atlantic Roofing Contractors Association, the North/East Roofing Contractors Association, the Associated General Contractors, the Conditioned Air Association of Georgia, the Roofing & Sheet metal Contractors Association of Georgia, the Georgia Concrete and Products Association, the Macon Economic Development Commission Safety Committee, the Southern Region of the National Electrical Contractors Association, the Associated Builders & Contractors of Georgia, and the National Roofing Legal Resource Center.
Philip is a member of the Georgia Bar, the Atlanta Bar Association, and the American Bar Association and is admitted to practice in all State and Superior Courts in Georgia, as well as the United States District Court, Northern District of Georgia. Philip has also represented clients in the construction industry before the National Labor Relations Board, the Occupational Safety and Health Review Commission, the Department of Labor, and the Equal Employment Opportunity Commission.
Philip and his wife Debra have two children, Zoe, age 15, and Zackary, age 12.