Commissioner of Labor v. Weekley Homes, L.P.
Case Details
- Judge(s)
- Martin, Timmons-Goodson, Geer
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The court affirmed the citation issued against Weekley Homes for failure to conduct frequent or regular jobsite inspections under OSHA standards, rejecting the contractor's argument that it had no duty to protect subcontractor employees.
Excerpt
1. Appeal and Error — assignments of error — required — appendixes — statutes, rules, regulations The Court of Appeals considered certain arguments, in its discretion, even though the questions did not refer to the pertinent assignments of error, as required. Respondent's motion to strike certain appendixes to petitioner's brief was denied, even though they were not part of the printed record on appeal nor offered into evidence, because appendixes were relevant portions of statutes, rules, or regulations, as permitted by N.C.R. App. P. 28 (d)(1)(c). An appendix consisting of an excerpt from S.B. 575 was stricken. 2. Administrative Law — judicial review of agency decision — standard of review — whole record and de novo The superior court properly employed both de novo review and the whole record test in reviewing an OSHA citation where petitioner alleged that the Department of Labor's decision was affected by error of law and was unsupported by substantial evidence. 3. Employer and Employee — OSHA — violations by subcontractors — general contractor's duty to inspect job site A general contractor had a duty to inspect the job site to detect safety violations committed by its subcontractors as well as its own employees. Under N.C.G.S. § 95-129(2), the generalPage 18 contractor's duty extends to employees of subcontractors on job sites, but only to violations that could reasonably be detected by inspecting the job site. 4. Administrative Law — Operations Manual statement — rule-making not required The multi-employer OSHA citation policy is not invalid because it has not been promulgated as a rule. The multi-employer policy is from the North Carolina Operations Manual, which is a nonbindi
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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