Brennan v. Gilles & Cotting, Inc.

504 F.2d 1255 (4th Cir. 1974)

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Nature of the Case

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Facts

A general contractor was fined when a subcontractor on the job had used unsafe equipment in violation of OSHA regulations. The Review Commission overturned the fine on the ground that no employees of Gilles & Cotting, Inc. had been shown to be present at the part of the job site where the unsafe equipment was used. The commission failed to mention or discuss prior decisions holding that potential access was sufficient to impose liability. The Government appealed.