Supreme Court of North Carolina
David Weekley Homes is challenging the application of the multi-employer policy as applied in North Carolina under the Occupational Safety and Health Act of North Carolina. The North Carolina Court of Appeals upheld a citation issued to Weekley on the grounds that Weekley failed to adequately inspect the work site to prevent fall protection violations that were committed by a subcontractor. Weekley is asking the North Carolina Supreme Court to review the decision.
At the request of David Weekley Homes, NAHB and the North Carolina Home Builders Association filed an amicus brief on Tuesday, May 24, 2005, in support of its Petition for Discretionary Review with the North Carolina Supreme Court.
On June 30, 2005, the North Carolina Supreme Court denied the Petition for Discretionary Review and "dismissed as moot" NAHB's motion for leave to file an amicus request.