Multi-Employer Worksites These handouts and documents with attachments are not final, complete, or definitive instruments. This information is for guidance purposes only. You should independently verify and satisfy yourself as to its accuracy. The AHBSIF does not assume any liability for damages arising from the use of this information or exhibits and attachments thereto and renders no opinion that any of the terms, conditions, and/or cited federal standards in this document and the exhibits and attachments should be explicitly followed by the fund member. Seek specific guidance from the appropriate regulator (OSHA) or professional advisor. Presented by the Alabama Home Builders Self Insurers Fund Loss Control Department
Citing the Standard • The regulations provide that on multi employer worksites, citations may be issued to employers whose actions or failure to act resulted in the exposure of employees to a work place hazard, regardless of whether the employer’s own employees were exposed to the hazard.
Multi-Employer Worksite • A multi-employer worksite is defined as a workplace where more than one employer (and his/her employees) work, but not necessarily at the same time. • On multi-employer worksites, employers listed on the following page may be cited if there is evidence that an employee was exposed to a hazard:
Multi-Employer Worksite • Exposing Employer - The employer whose employees were exposed to the hazard. • Creating Employer - The employer who actually created the hazard. • Controlling Employer - The employer who was responsible by contract or actual practice for the safety of the site. • Correcting Employer - The employer who had the responsibility for actually correcting the hazard.
Issuance of Citation • If the creating or correcting employer does get rid of the hazard as quickly as possible, they may be cited. • If employees of multiple trades are exposed to a hazard, citations can be issued to each employer as well as the company who created the hazard and the controlling employer.
Issuance of Citation • On multi-employer worksites, citations shall be issued to employers whose employees were exposed to hazards, unless the employer meets all the conditions for a legitimate defense.
Conditions for a Legitimate Defense • The contractor did not create the hazard. • The contractor did not have the responsibility or authority to have the hazard corrected. • The contractor did not have the ability to correct or remove the hazard.
Conditions for a Legitimate Defense • The controlling and creating employers were specifically notified and made aware of the exposures. • The employer (contractor) took appropriate steps by: • Instructing them on the potential hazards. • Educating them on how to avoid the hazard. • Removing his employees from the job if it was feasible, and there was no other means of protection.
OSHA Inspections • Opening Conference • Inspection Tour • Closing Conference • Citations & Penalties • Appeals
Opening Conference • Inspector Credentials- Compliance officer will display after arrival • Credentials has photograph and serial number to use for verification at area office if desired. • Inspector will ask for prime/general contractor or owner after arriving. • Will explain the reason for the visit: Complaints, programmed inspection, etc.
Opening Conference • Exemption by state consultation program terminates the inspection. • If the visit is the result of a complaint, a copy of the complaint will be given to company. • Employer will be asked to select an employer representative. Contractors can also choose representative. • An employee representative can also be present. • If no employee representative is selected, the inspector will interview a reasonable number of employees during the walk-around inspection. These may be held privately if management agrees.
Inspection Tour • Every effort to minimize work interruptions will be made. • Compliance officer determines route and duration of inspection. • Inspector observes conditions, consults with employees, and takes pictures or videos of problems encountered. • Trade secrets observed by inspector must be kept confidential. • Security clearance for inspector can be obtained.
Inspection Tour • Posting and record keeping is checked. Includes OSHA poster (2203), OSHA 300 Log if applicable. • Access to employee exposure and medical records may be examined. (Lead Tests, spirometer tests, etc.) • Inspector will point out unsafe and unhealthful working conditions and suggest corrective measures.
Closing Conference • Inspector discusses all unsafe or unhealthful conditions which indicate apparent violations. • Inspector cannot indicate proposed penalties. • Abatement times of violations are discussed and determined. • Inspector finishes closing conference with explanation of other services available such as: guest speakers, materials for distribution, and consultation.
Citations and Penalties • Employer will receive citations by certified mail. • Employer must post copy of citations at inspection location for three days or until violations are abated, whichever is longer. • Citations received have already been reduced due to company size, good faith, and history.
Appeals • Employer will receive citations by certified mail. • Employer must post copy of citations at inspection location for three days or until violations are abated, whichever is longer. • In most cases, citations received have already been reduced due to company size, good faith, and history. • Employer has 15 days to respond to the citation • Must pay the fine and address the hazard -OR- • Schedule a conference for an extended abatement period or to contest a violation