Understanding OSHA's Multi-Employer Citation: Employers Beware

“When it comes to working with contractors, the days of a handshake and a smile are long gone,” warns EMC Senior Risk Improvement Consultant Tammy Swenson. “Recent court decisions upholding OSHA’s multi-employer citation policy make it essential for building owners/employers to have well-documented scope of work agreements with contractors working on their property.”

Under the multi-employer citation, you, not just the contractors or subcontractors, can be cited for an OSHA safety violation. In determining whether you should be cited, OSHA has identified four types of employers:

• Creating Employer: The employer who causes a hazardous condition
• Exposing Employer: The employer whose employees are exposed to the hazard
• Correcting Employer: The employer responsible for correcting the hazard
• Controlling Employer: The employer with general supervisory authority over the work site

Once OSHA determines what category of employer you fall into, they will assess whether your actions were sufficient to meet the obligations of that category. “That’s where a scope of work agreement is invaluable,” comments Swenson. “This document should clearly state who is in charge of all aspects of the safety program.”

Swenson also encourages building owners/employers to document what hazards currently exist in their facilities and how those hazards will be evaluated and assessed by all contractors and subcontractors. “No work should begin until the scope of work document is signed,” advises Swenson.