Contractor Found Personally Liable Over OSHA Violations
A federal administrative law judge held a New Hampshire roofing contractor personally liable for willfully exposing employees to fall safety hazards.
The Occupational Safety and Health Administration cited Barry Billcliff for six violations after a worksite investigation.
Billcliff contended that he was not an employer under the Occupational Safety and Health Act, should not be held individually liable for the violations, was not a controlling employer under OSHA’s multi-employer policy and lacked sufficient connection to the work site to be considered an employer.
The judge said he was not credible in his testimony, and in the decision:
- Determined Billcliff unsuccessfully tried to evade accountability
- Rejected his claim that he lacked sufficient connections to the job site
- Found Billcliff was a controlling employer under OSHA’s multi-employer policy
- Upheld the fall protection violation as willful
- Found Billcliff repeatedly lied during the inspection, litigation and at trial
- Ordered him to pay OSHA penalties greater than originally proposed
- Sanctioned Billcliff for not complying with litigation obligations
Billcliff was found personally liable and was ordered to pay $162,274 in OSHA penalties and $3,215 in attorneys’ fees to the department.
EXPLORE BY CATEGORY
Stay Connected with CBIA News Digests
The latest news and information delivered directly to your inbox.