General Contractor Client Saved From Controlling Employer Liability.
In February 2016, a client was issued four serious safety citations by New Mexico Environment Department’s Occupational Health and Safety Bureau (New Mexico OSHA) relating to a scaffolding collapse at the client’s construction site. Following a five-day hearing in 2017 before the New Mexico Occupational Health and Safety Review Commission (the Commission), the firm prevailed, and all of the citations were dismissed.
New Mexico OSHA then appealed to the state court in New Mexico, which reversed the Commission’s decision. In turn, the firm appealed to the New Mexico Court of Appeals.
Court of appeals finds in favor of firm client.
On February 7, 2022, the New Mexico Court of Appeals reversed the lower court, finding in favor of the firm and its client in all respects. Specifically, the Court of Appeals reinstated the Commission’s decision that the client did not know or have reason to know of any hazardous condition of the scaffold, and that the client thus satisfied its duty to exercise reasonable care on the multi-employer site. In the end, the citations were vacated, and all monetary penalties were reduced to $0.
Counsel: Chad T. Wishchuk