Issue link: http://palletcentral.uberflip.com/i/1115386
28 PalletCentral • March-April 2019 palletcentral.com compensation shield for the host employer, and OSHA citations come in as proof of negligence per se in personal injury or wrongful death tort actions. So what will be the impact of the newly proposed DOL rule on joint employers? The proposal would replace the Obama-era test with a new four-factor analysis that considers whether the potential joint employer actually exercises the power to: (1) Hire or fire the employee; (2) Supervise and control the employee's work schedules or conditions of employment; (3) Determine the employee's rate and method of payment; and (4) Maintain the employee's employment records. Interested parties can submit comments on the revisions to www.regulations.gov and referencing DOL Docket RIN 1235-AAA-26. Meanwhile, over at the National Labor Relations Board, the joint employer issue is also the subject of a proposed rulemaking and this could further complicate OSHA enforcement authority. The NLRB has proposed narrowing the definition of when contractors or franchisees are "joint employers" subject to labor laws including worker safety requirements. The big change is that the employer would have to possess and actually exercise substantial direct and immediate control over the terms and conditions of employment in a manner that is not limited and routine. For employers whose worksites may fall under the changing definitions of joint employer, this issue needs to be monitored closely in terms of DOL activity. Moreover, both union and non- union worksites need to stay tuned to changes under the NLRB joint employer rule, which may carry over to OSHA enforcement, or otherwise influence the ultimate position adopted by the Labor Department in the future. PC Adele L. Abrams is an attorney and safety professional who repre- sents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. Adele can be reached at (301) 595-3520 or www.safety-law.com. SAFETY