Multi Employer Worksite Policy

1. Multi Employer Worksite Policy OSHA - Austin Area Office

2. Multi-employer Workplace Policy • OSHA’s multi-employer workplace policy applies when: • An employer is a creating, exposing, correcting, or controlling employer. • If the employer falls into one of these categories, it has responsibilities with respect to OSHA requirements.

3. Multi-Employer Policy • Employers that create a hazardous condition are citable even if the only employees exposed are those of other employers at the site. • OSHA looks at: Who created the hazard, who is exposed to the hazard, was anything done to limit/control exposure to the hazard,

4. Multi-Employer Policy • …and who has the authority to correct the hazard. • If the exposing employer created the violation, it is citable. If the violation was created by another employer, the exposing employer is citable if: • It knew of the hazardous condition,

5. Multi-Employer Policy • Failed to take steps consistent with it’s authority to protect it’s employees. • If the exposing employer lacks authority to correct the hazard, it is citable if it fails to: • Ask the creating or exposing employer to correct the hazard,

6. Multi-Employer Policy • Inform it’s employees of the hazard, and • Take reasonable alternative protective measures. • In extreme circumstances, the exposing employer is citable for failing to remove it’s employees from the job to avoid the hazard.

7. Multi-Employer Policy • The correcting employer, who is engaged in a common undertaking, on the same worksite, and the exposing employer are responsible for correcting the hazard. • This usually occurs where a correcting employer is given the responsibility of installing/maintaining particular safety equipment.

8. Multi-Employer Policy • The correcting employer must exercise reasonable care in preventing and discovering violations and meet it’s obligations of correcting the hazard. • Examples of “reasonable care” would be periodic inspection, and immediate repairs of equipment.

9. Multi-Employer Policy • The controlling employer has general supervisory control over the site, including the power to correct safety and health hazards itself or require others to correct them. Control can be by contract or by the exercise of control in practice.

10. Multi-Employer Policy • A controlling employer must exercise reasonable care to prevent and detect violation on the site. The controlling employer is not required to inspect for hazards as frequently or to have the same level of knowledge of the standards or of trade expertise as the employer it has hired.

11. Multi-Employer Policy • Factors that affect how frequently and closely a controlling employer must inspect the site: • Scale of the project • Nature and pace of the work • How much the controlling employer knows about a sub’s safety practices

12. Multi-Employer Policy • …safety history, and the sub’s level of expertise. • More frequent inspections are normally needed if the sub has a history of non compliance; or if the controlling employer has never worked with that sub before and does not know their history.

13. Multi-Employer Policy • To exercise reasonable care: • Conduct periodic inspections at appropriate frequency; • Implement an effective system for promptly correcting hazards; • Enforce subcontractor compliance with an effective, graduated system of enforcement with follow up inspections.

14. Multi-Employer Policy • Control by Contract: • OSHA looks for who has broad responsibility over the site involving all aspects of the job. It’s responsibility is broad enough such that it’s contractual authority necessarily involves safety.

15. Multi-Employer Policy • Even when an employer has no explicit contract rights with respect to safety, an employer can still be a controlling employer if it exercises broad control over subcontractors at the site.

16. For Further Information • Contact OSHA at 512-374-0271 in Austin; 210-472-5040 San Antonio if you have questions about safety and health.