In a significant ruling for labor law enforcement, a federal appeals court has sided with a Florida roofing company, stating that the U.S. Occupational Safety and Health Administration (OSHA) failed to establish that the workers cited for safety violations were actual employees.
Court Overturns OSHA Citation Over Employment Classification
The 11th U.S. Circuit Court of Appeals reversed an OSHA citation against Palm Bay-based Mendy’s Roofing Inc., which was fined for failing to ensure fall protection for workers on a residential roof. The case hinged not on the safety violation itself, but on whether OSHA proved the roofing workers were employees rather than independent contractors.
Key Points:
- Case Name: Secretary of Labor v. Mendy’s Roofing Inc.
- Court Decision: Citation vacated due to lack of employee classification evidence
- Issue: Fall protection on a residential job site
- Ruling Date: June 5, 2025
- Legal Implication: Burden of proof lies with OSHA to establish employment relationship
Court’s Reasoning and OSHA’s Misstep
The court noted that OSHA failed to meet the legal burden of demonstrating that the roofers were employed by Mendy’s Roofing under the common-law agency test. This test involves factors such as control over work details, payment method, and provision of tools and materials.
The judges emphasized that Mendy’s Roofing described the workers as subcontractors and did not supply their tools or directly supervise their work. Without concrete evidence of employment, OSHA’s citation could not stand.
Broader Impact on Workplace Safety Enforcement
This ruling may set a precedent affecting OSHA’s ability to regulate safety practices in industries like construction, where the use of subcontractors is common. Critics argue that companies might exploit such legal ambiguities to avoid liability, while supporters say it upholds due process.
Legal experts suggest OSHA may need to revisit its investigatory approach, especially in sectors with complex labor arrangements. The decision also highlights the ongoing challenge regulators face in distinguishing between contractors and employees under federal labor laws.
