Hughes General Contractors, Inc. v. Utah Labor Commission
2014 UT 3
Utah2014Background
- Hughes General Contractors was cited by UOSH for scaffolding safety violations on a Parowan High School project involving subcontractor B.A. Robinson.
- The multi-employer worksite doctrine was used by UOSH to hold Hughes responsible for safety conditions of Robinson’s workers.
- ALJ and Appeals Board upheld the doctrine and the resulting UOSHA sanction against Hughes.
- Hughes argued Utah’s UOSHA 34A-6-201(1) does not extend duties to non-employer supervisory figures on a worksite.
- Utah Supreme Court accepted review to address the viability of the multi-employer doctrine under Utah law.
- The court held that the obligation to provide a safe workplace runs only to an employer and not to general contractors over subcontractor workers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the multi-employer doctrine is viable under Utah law | Hughes argues statute limits duties to employers only | Labor Commission contends doctrine valid under 34A-6-201(1) | Doctrine is not viable under Utah law |
| Scope of 34A-6-201(1) duties | Duty runs only to the employer and its employees | Duty may extend to others with supervisory control | Duty limited to employer–employee relationships |
| Definition of 'employer' and 'employee' under Utah law | General contractors are not necessarily employers of subcontractor workers | Broad interpretation to include controlling entities | Statutory definitions focus on contract of hire and employment relationship |
| Effect of federal law on Utah interpretation | Chevron deference to federal regulations supports multi-employer doctrine | Utah should defer to federal interpretations | Utah rejects Chevron-like deference for pure questions of law |
Key Cases Cited
- Universal Constr. Co. v. Occupational Safety & Health Review Comm'n, 182 F.3d 726 (10th Cir. 1999) (supports multi-employer in federal law)
- Pitt-Des Moines, Inc., 168 F.3d 976 (7th Cir. 1999) (federal authority cited for multi-employer doctrine)
- Teal v. E. I. DuPont de Nemours & Co., 728 F.2d 799 (6th Cir. 1984) (federal view on employer responsibility)
- Brennan v. Occupational Safety & Health Review Comm'n, 513 F.2d 1032 (2d Cir. 1975) (OSHA scope discussions in federal context)
- Melerine v. Avondale Shipyards, Inc., 659 F.2d 706 (5th Cir. 1981) (employee protections under OSHA cited)
- Murray v. Utah Labor Comm'n, 2013 UT 38 (Utah 2013) (Utah Supreme Court rejects Chevron-like deference; interprets statute de novo)
- Olsen v. Eagle Mountain City, 2011 UT 10 (Utah 2011) (statutory interpretation principles in Utah)