Multi-Employer Worksites
On multi-employer worksites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard. A two-step process is followed in determining whether more than one employer will be cited.
- Step One - The first step is to determine whether the employer is a creating, exposing, correcting, or controlling employer. Note: Only exposing employers can be cited for General Duty Clause violations.
- Step Two - If the employer falls into one of these categories, it has obligations with respect to OSHA requirements.
Definitions:
Creating Employer - The employer that caused a hazardous condition that violates an OSHA standard.
Exposing Employer - An employer whose own employees are exposed to the hazard.
Correcting Employer - An employer who is engaged in a common undertaking, on the same worksite, as the exposing employer and is responsible for correcting a hazard. This usually occurs where an employer is given the responsibility of installing and/or maintaining particular safety/health equipment or devices.
Controlling Employer - An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations itself or require others to correct them.
Multi-Employer Worksites
What are the actions required for each employer at a worksite?
Employers must not create violative conditions. An employer that does so, "creating employer", is citable even if the only employees exposed are those of other employers at the site.
If the "exposing employer" created the violation, it is citable for the violation as a "creating employer". If the violation was created by another employer, the "exposing employer" is citable if it knew of the hazardous condition or failed to exercise reasonable diligence to discover the condition, and failed to take steps consistent with its authority to protect is employees. If the "exposing employer" has authority to correct the hazard, it must do so. If the "exposing employer" lacks the authority to correct the hazard, it is citable if it fails to do each of the following: ask the "creating and/or controlling employer" to correct the hazard; inform its employees of the hazard; and take reasonable alternative protective measures. In extreme circumstances (e.g., imminent danger situations), the "exposing employer" is citable for failing to remove its employees from the job to avoid the hazard.
The "correcting employer" must exercise reasonable care in preventing and discovering violations and meet its obligations of correcting the hazard.
A "controlling employer" must exercise reasonable care to prevent and detect violations on the site. The extent of the measures that a controlling employer must implement to satisfy this duty of reasonable care is less than what is required of an employer with respect to protecting its own employees. This means that the controlling employer is not normally required to inspect for hazards as frequently or to have the same level of knowledge of the applicable standards or of trade expertise as the employer it has hired.
What resources are available to assist employers?
Safety and Health Programs
These example safety and health programs are available for employers to download and adapt to their specific conditions.
Training and Outreach Services
This example presentation on Multi-Employer Worksites can assist an employer in understanding their responsibilities on a job site. Other example presentations are available along with pre-recorded webinars which can be accessed at any time. In addition, the education, training and technical assistance bureau provides free online safety and health training and outreach services (i.e., speaker's bureau requests, safety booths) upon request.
Lastly, the NCDOL Library offers free safety and health videos (including streaming video services) and related research assistance on consensus standards (i.e., ANSI, NFPA, NEC).
Safety and Health Topics
Other related resource information can be found on the safety and health topics pages.
Consultation Services
The consultative services bureau provides free and confidential onsite consultation regarding worksite safety and health hazards.
Which standards apply?
OSH has adopted the following standards which are applicable to multi-employer worksites in North Carolina. This is not all inclusive.
Note: Please also check the standards information and activity webpage to see if there has been any recent or upcoming regulatory activity on this topic.
29 CFR Part 1915 - Shipyard Employment
29 CFR Part 1917 - Marine Terminals
29 CFR Part 1910 - General Industry
29 CFR Part 1926 - Construction
29 CFR Part 1928 - Agriculture
29 CFR Part 1904 - Recordkeeping
North Carolina State-Specific Standards
Other Applicable Standards
The Which OSHA Standards Apply webpage can help identify the specific standards that may be applicable to your worksite.
Where can I learn more?
Industry Guides
- Industry Guide 48 - OSHA Construction Industry Standards Requiring Programs, Inspections, Procedures, Records and/or Training provides requirements for standards in construction. Includes recordkeeping and state-specific standards.
- Industry Guide 49 - OSHA General Industry Standards Requiring Programs, Inspections, Procedures, Records and/or Training provides requirements for standards in general industry. Includes recordkeeping and state-specific standards.
- Industry Guide 50 - OSHA Agriculture Standards Requiring Programs, Inspections, Procedures, Records and/or Training includes requirements for standards in agriculture. Includes recordkeeping and state-specific standards.
- Industry Guide 53 - OSHA Shipyard Employment Standards Requiring Programs, Inspections, Procedures, Records and/or Training highlights the requirements of standards in shipyard employment. Includes recordkeeping and state-specific standards.
- Industry Guide 54 - OSHA Marine Terminal Standards Requiring Programs, Inspections, Procedures, Records and/or Training highlights the requirements of standards at marine terminals. Includes recordkeeping and state-specific standards.
Compliance Documents
- Compliance Directive: CPL 02-00-124 - Multi-Employer Citation Policy provides guidance to Compliance Officers regarding the issuance of citations for employers who exercise control in creating, controlling, exposing and correcting hazards for their employees and those of other employers on site.
- FOM Chapter 02 - Compliance Programming provides guidance on multi-employer worksites.
- FOM Chapter 03 - Inspection Procedures provides clarification of what constitutes employee exposure.
Technical Assistance
- Inquiries about workplace safety and health requirements can be submitted to Ask OSH online or by phone at 919-707-7876.