Howard Electric Co. (Commission decision, May 4, 1978)

Plain-English summary

This is a one-paragraph order, not a decision on the merits. The Commission granted Howard Electric's motion for remand dated April 18, 1978 and sent the case back to the judge so the company could present additional evidence on the Anning-Johnson and Grossman Steel defenses.

Those two 1976 Commission decisions govern liability on multi-employer construction sites. Under Anning-Johnson Co., a subcontractor that neither created nor controlled a hazardous condition can avoid liability for its exposed employees by showing either that it protected them through realistic alternative measures or that it neither had nor could reasonably have had notice that the condition was hazardous. Under Grossman Steel & Aluminum Corp., the general contractor is responsible for violations it could reasonably be expected to prevent or abate given its supervisory position.

The order states no findings, identifies no cited standard, and assesses no penalty. It records only that the motion was granted and the case returned to the judge for that limited purpose.

Decision snapshot

• Cited standard(s): None identified in the order.
• Outcome: The employer's motion for remand was granted and the case was returned to the judge to take additional evidence on the Anning-Johnson and Grossman Steel defenses.
• Key point: The Commission will remand for further evidence where an employer has not had the opportunity to develop the multi-employer worksite defenses.

Full text (OSHRC public release)

Docket No. 15339

HOWARD ELECTRIC COMPANY

OSHRC Docket No. 15339

Occupational Safety and Health Review Commission

May 4, 1978

COUNSEL:

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Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, USDOL

William Andress, Jr. and James B. Martin, for the employer

OPINION:

ORDER

The Respondent's Motion for Remand dated April 18, 1978, is hereby GRANTED.
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The case is remanded to the Judge for the opportunity to present additional evidence on the Anning-Johnson and Grossman Steel defenses.
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