This case was remanded by the Commission and the United States Court of Appeals for the 5th Circuit. Acosta v. Hensel Phelps Construction Co., 909 F.3d 723 (5th Cir. 2018). In that decision, the 5th Circuit reversed its historical position on multi-employer liability under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., established thirty-seven years earlier in Melerine v. Avondale Shipyards, Inc., 659 F.2d 706 (5th Cir. 1981). The 5th Circuit has now unequivocally held that “the Secretary of Labor has the authority under section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2), to issue citations to controlling employers at multi-employer worksites for violations of the Act’s standards.”