Multi-Employer
Worksites
Presented by the Alabama Home Builders Self
Insurers Fund Loss Control Department
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.
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
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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