Dive Brief:
- The Occupational Safety and Health Review Commission, an independent federal agency responsible for determining challenges to OSHA citations, affirmed a total penalty of $15,604 to Jacobs Solutions on Sept. 25 for serious violations related to lead-based paint, asbestos removal and personal protective equipment during a project at the NASA Langley Research Center in Hampton, Virginia, according to the case document. OSHA accepted Jacobs’ appeal to seek further review, according to the contractor.
- OSHA originally issued the citation against Jacobs on Jan. 25, 2021, following an inspection on Dec. 11, 2020, alleging a violation of both its lead in construction standard and personal protective equipment standard.
- The Dallas-based contractor awarded subcontractors various tasks during a project involving hazardous chemicals in underground steam tunnels. During the project, the document recounts instances of unmarked work areas, limited use of respirators and employees walking through hazardous areas, leading to potential exposure risks.
Dive Insight:
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, could not escape from its responsibilities of workplace safety.
Despite the contractor’s arguments about its role and contractual language, the commission found Jacobs had significant supervisory authority and control over the worksite, making it potentially liable for the cited violations and exposing its employees to hazards.
The case centered around an OSHA inspection that uncovered several serious violations at a worksite involving Jacobs. To establish a violation of an OSHA standard, the commission must prove the cited standard applied, there was a failure to comply with the standard, employees faced dangerous conditions and the employer knew or could have known about the condition with reasonable diligence.
Using previous precedent, an employer who either creates or controls the cited hazard has a duty to protect not only its own employees but also those of other employers engaged in the common undertaking, according to the document.
In this case, Jacobs came under scrutiny as it emerged the contractor held significant supervisory authority and control over the worksite. This placed them in a position where they could reasonably be expected to prevent or detect and abate the violations due to their authority over the site, according to the document.
Jacobs issued the following statement to Construction Dive regarding the allegations:
“Safety is a priority for Jacobs and core to 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 teaming partners. We disagree with this decision and are pleased that OSHA has accepted our appeal seeking further review.”
Lawsuit from 2022 FIFA World Cup
The OSHRC ruling follows another lawsuit Jacobs faces around the alleged participation in the exploitation of laborers at the 2022 FIFA World Cup in Qatar. That complaint alleges a multitude of abuses committed against these workers, who were primarily migrant workers, according to the lawsuit.
The complaint argues Jacobs had knowledge of the dangerous conditions and grave risks workers faced. Furthermore, the lawsuit contends Jacobs knowingly participated in ventures that exploited these workers’ labor and reaped substantial profits in the process.
Furthermore, the complaint asserts Jacobs violated both state and federal laws, including the Trafficking Victims Protection Reauthorization Act. That means it could be held liable under U.S. federal law.
Jacobs issued the following statement to Construction Dive regarding those allegations:
“As a purpose-led company, we are committed to respecting the human rights and dignity of those within our operations. We undertake activities aimed at prioritizing health, safety and wellbeing, and we seek to develop innovative approaches that improve the lives of workers.”
