John H. Quinlanv.Secretary, U.S. Department of Labor
Quinlan Enterprises, a steel-erection sole proprietorship, petitioned for review of an Occupational Safety and Health Review Commission decision holding the business responsible for safety violations attributed to a supervisory employee. The Eleventh Circuit addressed an issue of first impression: whether a supervisor’s knowledge of a subordinate’s violation may be imputed to the employer when the supervisor is simultaneously participating in violative conduct. The court declined to expand a narrow exception to the ordinary imputation rule. It held that the case resembled the ordinary situation in which an employer entrusts a supervisor with responsibility for employee safety, and the supervisor’s disregard of company rules did not sever that agency relationship. The Commission’s factual findings were supported by substantial evidence and its legal conclusions were not arbitrary or unlawful. The petition was denied and the Commission’s decision affirmed.
Loading published copy…

