Quinlan v. Secretary, U.S. Dep't of Labor, No. 14-12347 (11th Cir. 2016)
Annotate this CaseQuinlan petitioned for review of the Commission's final decision holding that Quinlan violated standards under the Occupational Safety and Health Act (OSHA), 29 U.S.C. 651 et seq., when two of its employees were caught working on a concrete block wall and roof platform without fall protection and using a stepladder in an unsafe manner. Upon review of the record, briefs, and the relevant case law, and with benefit of oral argument, the court held that it is appropriate to impute a supervisor's knowledge of a subordinate employee’s violative conduct to his employer under OSHA when the supervisor himself is simultaneously involved in violative conduct. Accordingly, the court denied the petition and affirmed the Commission's decision.
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