Section 3 Multi-Employer Worksites

• Library: Employer-Employee Law 2008

While the Act imposes obligations on employers, there has been much litigation over the issue of whether (and if so, when) one company is liable for the safety of another company’s employees, particularly in the construction industry. The Act and the regulations provide some guidance on that issue. Section 5(a)(1) of the Act, the so-called general duty clause, states that each employer “shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” 29 U.S.C. § 654(a)(1) (emphasis added). Likewise, 29 C.F.R. § 1910.12(a) states that “[e]ach employer shall protect the employment and places of employment of each of his employees engaged in construction work by complying with the appropriate standards prescribed in this paragraph” (emphasis added).

Despite this language in the statute and regulations, OSHA, for years, has enforced its multi-employer worksite policy. According to that policy, OSHA will issue a citation to a general contractor (or in the general industry context, to a plant owner) for alleged safety infractions committed by a...