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DOL Reiterates OSH Act Power Over 'Controlling Employer,' Chevron Deference

January 08, 2018
The Labor Department (DOL) is renewing claims that the Occupational Safety and Health (OSH) Act grants OSHA power to cite so-called “controlling employers” for violations affecting another company's workers, even as it rejects industry claims that it should not be entitled to deference when interpreting vague statutory provisions. DOL's Jan. 4 reply brief in the case , Acosta v. Hensel Phelps Construction Co., in which the agency is seeking to preserve its enforcement authority over so-called controlling employers, seeks...

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