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On 26 November 2018, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Acosta v. Hensel Phelps Construction Co., overruling its thirty-seven year old precedent regarding multi-employer worksite regulations. In this important case, the Secretary of the Department of Labor (the Secretary) sought to overturn long-standing Circuit precedent holding that regulations under the Occupational Safety and Health Act (the OSH Act) are limited to “protect[ing] only an employer’s own employees,” as is set forth in the “general duty” clause (Section 5(a)(1)) of the OSH Act, as opposed to protecting third party non-employees on site.

First published in Association of Corporate Counsel's Dallas-Fort Worth Newsletter.

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