EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of C.C. Myers, Inc. - DAR

A worker was injured while doing construction work at the San Francisco Airport. The Division cited Employer for multiple violations. Employer’s witness testified that the joint venture, "Myers/Kulchin-Condon" [MKC], was the employer and produced a contract awarding the job to MKC. The Division did not move to amend the citations to charge MKC with the violations. The Board says the Division had the burden of proving that C.C. Myers was the employer and failed to do so. C.C. Myers is not estopped from asserting that the Joint Venture was the employer, there was no showing of intentional misrepresentation or that its statement was intended to be acted upon by the Division. John T Malloy 81-790 doesn't authorize the Board to "pierce the corporate veil" and find violations as to MKC. In Malloy, the Division’s motion to amend the name of the employer was granted. The Division made no motion to amend here.

C.C. MYERS, INC. 00-008
April 13, 2001