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.