OSHRC Clarifies ‘Bounds’ Of Single-Employer Doctrine In New Decision

Monday, March 7, 2022

Jim Sullivan spoke with Inside OSHA about a new decision from the Occupational Safety and Health Review Commission that appears aimed at clarifying the limits of its test for determining when separate entities may be considered a “single employer” in OSHA enforcement actions. Jim says the decision signals that “the commission is creeping toward the [National Labor Relations Board (NLRB)] single employer test” in its review of such cases. “In an NLRB-type case, first, they would say, ‘okay, so do the guys at UHS-DE have control over the day to day labor relations, hiring, firing [at UHS-WP]? Is there any sharing of employees? If so, you're going to be found as a single employer and that's why I'm saying that the commission is creeping towards [the NLRB standard] with this decision,” he said. 

To read more of this article, click here. (Subscription Required)


Related Practice Areas

Keep up-to-date with the latest news from Cozen O'Connor

Enter your City or Zip.

Probably shouldn't change this:
Sign up to receive alerts, publications, and event / webinar invites.

By submitting your contact information, you are giving Cozen O'Connor consent to contact you via email.