ruling, saying вЂњthis courtвЂ™s prior construction of the act was just a choice of one side of a вЂcomplex debate.вЂ™вЂќ In the recent Appeals Court decision, the court cited a Melerine v. The Department of Labor appealed the Denver regional officeвЂ™s decision. The Melerine ruling by the 5th Circuit in 1981 decided that OSHA regulations only protect an employerвЂ™s own employees. In April 2017, the administrative law judge for the Occupational Safety and Health Review CommissionвЂ™s Denver regional office reviewed the case and ruled in favor of Hensel Phelps using the Melerine v. The policy states that вЂњan employer who causes a hazardous condition who should have detected and prevented a violation through the reasonable exercise of its supervisory authority may be cited for a violation, whether or not its own employees were exposed to the hazard.вЂќ The citation against Hensel Phelps was pursuant to OSHAвЂ™s multi-employer citation policy. OSHA cited both CVI and Hansel Phelps for willfully violating regulationsД«y exposing employees to a cave-in hazard from an unprotected excavation at a construction site. Later that year, HEW contracted with sub-subcontractor CVI Development to complete demolition and excavation required for the wall. Hensel Phelps contracted with subcontractor Haynes Eaglin Watters (HEW) to work on the Seaholm Substation east screen wall in 2014. The companyвЂ™s onsite management personnel, including superintendents, project engineers and project managers, maintained control of the jobsite. entered into a contract with the City of Austin to build a new public library in 2010. As a result, they can be held responsible for a glazierвЂ™s injury if that injury was caused by hazardous jobsite conditions. It says that general contractors can be cited under the Occupational Safety and Health Act or Occupational Safety and Health Administration (OSHA) regulations even if hazardous conditions under their control affect a subcontractorвЂ™s employees. General contractors can be responsible for hazardous jobsite conditions that impact employees of subcontractors, such as contract glaziers, according to a recent ruling from the United States Court of Appeals for the Fifth Circuit. Court Rules Generals Can Be Cited for Hazardous Conditions That Affect Subs

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