Attorney Brian Kane successfully defended a large, regional residential and commercial roofing company against OSHA-issued citations claiming certain Amish roofing crews working at two different sites were direct employees of the roofing company. The roofing crews violated certain OSHA standards. OSHA also asserted that the roofing company was a “controlling employer” responsible for any OSHA safety violations by the roofing crews. The roofing company challenged the citations asserting that the Amish roofing contractors were independent contractors.
After a three-day hearing and briefing, the Administrative Judge vacated the citations finding that the evidence supported a finding that the Amish roofing crews were not direct employees of the roofing company. Rather, the Administrative Judge found that the roofing crews were independent contractors. The AJ further found no evidence that the roofing company was the “controlling employer” at either worksite.