Multi-Employer Construction Jobsites
At a Multi-Employer site, all employers have employees on site, and therefore some level of responsibility to exercise reasonable care to prevent and detect violations. OSHA’s Multi-Employer Citation Policy defines and describes the degree of responsibility for workplace hazards imposed on creating, exposing, correcting, or controlling employers. The requirements imposed on a controlling employer for hazards confronted by workers of a different employer are less than those required of an employer as to its own employees, especially for creating or exposing employers.
If cited by OSHA, contractors may have to defend a Citation alleging responsibility for safety hazards confronted by workers, some or all of whom may work for other employers. Contractors should also be prepared to defend Citations alleging that they are a controlling employer at a multi-employer job site. Although OSHA Citations often fail to specifically assert multi-employer liability, that is the essence of many citations.
Timing is Critical
An OSHA Citation must be resolved by settlement or contested in writing within 15 business days. State-enforced OSHA programs have similar timetables. These deadlines are absolute, and can almost never be modified. HB NEXT recommends addressing the Citation as soon as it is received in order to determine and engage effective defense preparations.