Original Roofing Co. v. Chief Administrative Officer of Occupational Safety & Health AdministrationAnnotate this Case
The Supreme Court reversed the order of the district court granting judicial review of the decision of the Nevada Occupational Safety and Health Administration Review Board to overturn a workplace safety citation on the basis that Employer lacked knowledge of the violative conduct, holding that the Review Board properly overturned the citation for lack of Employer knowledge.
Employer challenged a citation issued for a workplace safety violation based on violative conduct of a supervisor, arguing that Employer did not have actual knowledge of the violative conduct or that the supervisor's violative conduct was foreseeable under the circumstances presented. The Review Board held a hearing on Employer's complaint and concluded that Respondent, Nevada's Occupational Safety and Health Administration (NOSHA), failed to demonstrate a violation of OSHA law. The district court reversed the order, holding that the Review Board lacked sufficient evidence to support its factual findings and legal conclusions. The Supreme Court reversed, holding that substantial evidence supported the Review Board's conclusion that NOSHA failed to demonstrate Employer's knowledge of the violative conduct at issue in this case.