Forum
Occupational Safety and Health (OSH) Review Commission
Case Status
Decided
Docket Number
98-0755, 98-1168, 99-0958, 00-1402
Case Updates
U.S. Chamber files brief addressing recognizing a corporation’s separate legal entity under OSHA
March 24, 2004
NCLC’s brief argued that the Occupational Safety and Health (OSH) Review Commission should not expand the definition of “employer” and pierce the corporate veil to hold individuals personally liable for safety violations in the above consolidated cases. Recognizing a corporation’s separate legal entity is important to encouraging entrepreneurship in this country. Adopting the Secretary of Labor’s recommendations in these cases would create a harsh and ultimately counterproductive result for business.
This case is being reviewed with Secretary of Labor v. Altor, Inc, et al. and Secretary of Labor v. Sharon and Walter Construction, Inc.
Amicus brief filed 3/24/04. Sharon decision issued 11/18/10. Avcon decision issued 4/5/11. Altor decision issued 4/26/11.