Manesh Rath and Taylor Johnson Quoted in Inside OSHA Article on OSHRC Decision

Keller and Heckman Partner Manesh Rath and Associate Taylor Johnson were quoted in the Inside OSHA article, “Attorneys Eye Hurdles To ‘Creating Employer’ Test After OSHRC Decision.” The article mentions Keller and Heckman’s January 25, 2023 OSHA 30/30, where Manesh and Taylor discussed how an Occupational Safety and Health Review Commission (OSHRC) case, known as Secretary of Labor v. ACrane Rental, could demonstrate not only the significance of the creating-employer standard, but the other elements of proving an OSH Act violation, specifically knowledge of a workplace hazard. “I think that’s one of the key facts that I imagine the review commission is going to grapple with,” commented Taylor.

Manesh and Taylor also recommended several practice measures employers can implement to keep worksites and employees safe. “ACrane should’ve provided its own flag man, but they should have secured from Superior a representation that it was going to operate safely when loading the basket,” said Manesh. Additionally, Manesh added that if an employer receives a citation, they should examine the knowledge element as it applies to every participant in a multi-employer worksite and every step in a process where a violation may have occurred. If knowledge cannot be established, he said, OSHA likely would not be able to issue a citation.

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