OSHA’s Multi-Employer Citation Policy

When working at jobsites with multiple employers, it’s important to understand OSHA’s multi employer citation policy. OSHA places employers into four categories based on their roles in order to determine responsibility when issuing citations. It is important to note that employers can fall into more than one category depending on their roles. Employers of any category can be subject to OSHA citations for failing to fulfill the responsibilities required of them.

Employers who create hazardous conditions are creating employers. These employers are required to promptly correct any hazards they create, mitigate hazards by implementing administrative and engineering controls, and provide and require employees to wear PPE if the steps taken to eliminate the hazard are not successful.

Employers who expose their employees to a hazard are exposing employers. Exposing employers are required to take reasonable measures to discover and correct potential hazards. If the exposing employer does not have the authority to correct the hazard, they are required to inform exposed employees, implement alternative protection measures, and request corrective action from whomever has the authority to implement such measures. Only exposing employers can be cited for general duty clause violations.

Employers with general authority over the worksite are controlling employers. Controlling employers are required to exercise “reasonable care” to detect and prevent hazards on the jobsite. Typically, controlling employers are general contractors who hire subcontractors.

Employers who are responsible for correcting a hazard are correcting employers. According to OSHA, correcting employers are usually those who are “given the responsibility of installing and/or maintaining particular safety/health equipment or devices”.  Correcting employers are required to exercise reasonable care to discover and correct hazards and violations.

In order for employers to correct reasonable care, they are required to enforce compliance with safety and health standards among other employers, conduct inspections of other employers’ safety and health systems, and have systems in place for promptly correcting hazards.

Content thanks to:
Evolution Safety Resources