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Dive brief:
- The Occupational Safety and Health Review Commission, an independent federal agency responsible for determining challenges to OSHA citations, upheld a total penalty of $15,604 against Jacobs Solutions on Sept. 25 for serious violations related to lead-based paint, asbestos removal and personal protective equipment during a project at NASA’s Langley Research Center in Hampton, Virginia, according to the case document. According to the contractor, OSHA accepted Jacobs’ appeal to request a new review.
- OSHA originally issued the citation against Jacobs on January 25, 2021, following an inspection on December 11, 2020, alleging a violation of both its construction standard and protective equipment standard staff
- The Dallas-based contractor awarded subcontractors several tasks during a project involving hazardous chemicals in underground steam tunnels. During the project, the paper reports instances of unmarked work areas, limited use of respirators, and employees walking through hazardous areas, leading to potential exposure risks.
Diving knowledge:
The Occupational Safety and Health Review Commission, which acts independently and is not part of the Department of Labor or OSHA, ruled in its recent decision that Jacobs, a major player in the construction industry , he could not escape his workplace safety responsibilities.
Despite the contractor’s arguments about his role and contract language, the commission found that Jacobs had significant supervisory authority and control over the job site, making him potentially liable for the aforementioned violations and exposing his employees at risk.
The case centered around an OSHA inspection that uncovered several serious violations at a workplace involving Jacobs. To establish a violation of an OSHA standard, the commission must show that the said standard was applied, a violation of the standard occurred, employees faced hazardous conditions, and the employer knew or could have known the condition with reasonable diligence.
Using previous precedents, an employer who creates or controls the aforementioned risk has a duty to protect not only its own employees, but also those of other employers participating in the common enterprise, according to the document.
In this case, Jacobs came under scrutiny because it emerged that the contractor had significant supervisory and control authority over the job site. This put them in a position where they could reasonably be expected to prevent or detect and reduce violations because of their authority over the site, according to the document.
Jacobs issued the following statement to Construction Dive regarding the allegations:
“Safety is a priority at Jacobs and the foundation of our values, and we are an award-winning industry leader in this regard. We care about our employees and those who support our subcontractors and team partners. We are not We agree with this decision and are pleased that OSHA has accepted our appeal for further review.”
2022 FIFA World Cup Demand
The OSHRC ruling follows another lawsuit Jacobs is facing over alleged involvement in the exploitation of workers at the 2022 FIFA World Cup in Qatar. This complaint alleges a multitude of abuses committed against these workers, who were mainly migrant workers, according to the suit.
The complaint argues that Jacobs was aware of the dangerous conditions and serious risks the workers faced. Additionally, the suit alleges that Jacobs knowingly participated in companies that exploited the labor of these workers and made substantial profits in the process.
Additionally, the complaint alleges that Jacobs violated state and federal laws, including the Trafficking Victims Protection Reauthorization Act. This means you could be held liable under US federal law.
Jacobs issued the following statement to Construction Dive regarding these allegations:
“As a purpose-driven company, we are committed to respecting the human rights and dignity of the people who are part of our operations. We carry out activities aimed at prioritizing health, safety and well-being, and seek to develop innovative approaches that improve the lives of workers.”
