Worksites with more than one employer can be chaotic and confusing. Figuring out which employer is responsible for safety violations can be complex.
Many employers do not realize that OSHA has a specific policy for dealing with multi-employer worksites which defines each employer’s role and obligations.
What Is OSHA’s Multi-Employer Policy?
According to OSHA’s Multi-Employer Citation Policy (CPL 2-00.124), “multi-employer” generally means:
- More than one employer on a multi-employer worksite can be cited for a hazardous condition that violates an OSHA standard.
- Any employer that exposes an employee to hazards created by unsafe conditions may be subject to a citation, even if the employer did not create the hazard.
- An employer can be cited for an OSHA violation even if its employees are not exposed to a hazard if the employer qualifies as a controlling, correcting, or creating employer.
What Is a Multi-Employer Worksite?
OSHA’s multi-employer policy applies to all workplaces, not just construction sites. However, it does not always mean any employer on a job site with multiple employers is subject to the multi-employer citation policy.
Whether a worksite is considered a “multi-employer worksite” does not depend on whether a worksite meets a particular definition, but rather on the tasks performed by each employer.
Whether a worksite is considered a “multi-employer worksite” does not depend on whether a worksite meets a particular definition, but rather on the tasks performed by each employer.
How Does OSHA Handle Violations on a Multi-Employer Worksite?
When OSHA finds a hazardous condition on a worksite, it follows a two-step process to determine who to cite, and whether more than one employer should be cited under its multi-employer policy.
- The role of the employer (i.e. whether the employer is a “creating, exposing, correcting, or controlling” employer); and
- Whether the employer’s actions were sufficient to meet their obligations with respect to OSHA requirements. If the employer fails to fulfill its obligations, then it may be cited for a violation of that standard.
If there are multiple employers on a job site, exposure to a citation under the multi-employer policy will require the use of the above analysis to determine an employer’s role and culpability. In short, citations under the multi-employer policy are based on the particular facts of each case, and an employer’s duty to identify and correct hazards may extend further than most believe.
Citations under the multi-employer policy are based on the particular facts of each case, and an employer’s duty to identify and correct hazards may extend further than most believe.
What If Someone Else Created the Hazard?
Under the multi-employer enforcement policy, employers in some circumstances may be cited for a workplace safety hazard even if the employees exposed to the danger work for another employer. Depending on its role, an employer holds varying responsibilities for maintaining OSHA standards on a worksite.
Under the multi-employer enforcement policy, employers in some circumstances may be cited for a workplace safety hazard even if the employees exposed to the danger work for another employer. Depending on its role, an employer holds varying responsibilities for maintaining OSHA standards on a worksite.
- The Creating Employer. All employers have the obligation to maintain a safe working environment. Failure to do so is citable, even if the only employees exposed are those of other employers.
- The Exposing Employer. If the Exposing Employer created the hazard, it is cited as the Creating Employer. If the hazard was created by another employer, the Exposing Employer can be cited if it knew of the violation or failed to exercise due diligence to discover the violation and failed to take corrective action.
- The Correcting Employer. A citable Correcting Employer is on the same worksite as an Exposing Employer but fails to exercise reasonable care to prevent or discover a hazardous condition when it has the obligation to do so.
- The Controlling Employer. A Controlling Employer can only be cited if it has failed to take reasonable care to prevent and detect violations on the site.
Depending on the circumstances, any of these employers may be cited for workplace safety violations found during an OSHA inspection.
Depending on the circumstances, any of these employers may be cited for workplace safety violations found during an OSHA inspection.
Are You Unsure if Your Site Has Citable Offenses?
Speak to an EHS consultant to schedule an onsite safety audit. We’ll evaluate your jobsite for OSHA compliance and detect site health and safety hazards.