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Multi-employer Worksites
Governor’s Occupational Safety
& Health Conference
Monday, October 18, 2010
Dale Glacken, CAS, Harrisburg OSHA
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Multi-employer Worksites

Requirements specifically defined in several
standards.
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
OSHA’s Multi-employer Citation Policy
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
Excerpts
4 Examples
Sources of Information
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Exit Routes, Emergency Action Plans, and Fire
Prevention Plans. - 1910 Subpart E App (non-man)

In buildings with several places of employment,
employers are encouraged to coordinate their
plans with the other employers in the building. A
building-wide or standardized plan for the whole
building is acceptable provided that the
employers inform their respective employees of
their duties and responsibilities under the plan.
The standardized plan need not be kept by each
employer in the multi-employer building,
provided there is an accessible location within
the building where the plan can be reviewed by
affected employees.
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Exit Routes, Emergency Action Plans, and Fire
Prevention Plans. - 1910 Subpart E App (non-man)

When multi-employer building-wide plans are
not feasible, employers should coordinate their
plans with the other employers within the
building to assure that conflicts and confusion
are avoided during times of emergencies. In
multi-story buildings where more than one
employer is on a single floor, it is essential that
these employers coordinate their plans with each
other to avoid conflicts and confusion.
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Hazardous waste operations and
emergency response. 1910.120/1926.65

Clean up operations:



1910.120(b)(1)(iv): …shall inform those contractors,
sub-contractors, or their representatives of the site
emergency response procedures and any potential fire,
explosion, health, safety or other hazards of …
1910.120(b)(1)(v): The written safety and health
program shall be made available to any…
1910.120(i): Informational programs. Employers shall
develop and implement a program … to inform
employees, contractors, and subcontractors … of the
nature, level and degree of exposure likely as a result of
participation in such hazardous waste operations. …
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Hazardous waste operations and
emergency response. 1910.120/1926.65


Hazardous Waste: 1910.120(p)(2): The employer shall
implement a hazard communication program meeting the
requirements of 29 CFR 1910.1200 as part of the
employer's safety and program.
Emergency Response Operations: 1910.120(q)(4):
Skilled support personnel. Personnel, not necessarily an
employer's own employees, … given an initial briefing at
the site prior to their participation in any emergency
response… wearing of appropriate personal protective
equipment, what chemical hazards are involved, and what
duties are to be performed. All other appropriate safety and
health precautions
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Permit-required confined spaces 1910.146




1910.146(c)(8): When an employer (host employer) arranges to
have employees of another employer (contractor) perform work that
involves permit space entry, the host employer shall:
1910.146(c)(8)(i): Inform the contractor that the workplace contains
permit spaces and that permit space entry is allowed only through
compliance with a permit space program meeting the requirements of
this section;
1910.146(c)(8)(ii): Apprise the contractor of the elements, including
the hazards identified and the host employer's experience with the
space, that make the space in question a permit space;
1910.146(c)(8)(iii): Apprise the contractor of any precautions or
procedures that the host employer has implemented for the protection
of employees in or near permit spaces where contractor personnel8
will be working;
Permit-required confined spaces 1910.146



1910.146(c)(8)(iv): Coordinate entry operations with the
contractor, when both host employer personnel and
contractor personnel will be working in or near permit
spaces, as required by paragraph (d)(11) of this section;
and
1910.146(c)(8)(v): Debrief the contractor at the conclusion
of the entry operations regarding the permit space program
followed and regarding any hazards confronted or created
in permit spaces during entry operations.
1910.146(c)(9): In addition to complying with the permit
space requirements that apply to all employers, each
contractor who is retained to perform permit space entry
operations shall:
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Permit-required confined spaces 1910.146



1910.146(c)(9)(i): Obtain any available information
regarding permit space hazards and entry operations
from the host employer;
1910.146(c)(9)(ii): Coordinate entry operations with
the host employer, when both host employer personnel
and contractor personnel will be working in or near
permit spaces, as required by paragraph (d)(11) of this
section; and
1910.146(c)(9)(iii): Inform the host employer of the
permit space program that the contractor will follow and
of any hazards confronted or created in permit spaces,
either through a debriefing or during the entry operation
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The control of hazardous energy
(lockout/tagout). - 1910.147


1910.147(f)(2)(i)
Whenever outside servicing personnel are to be engaged in
activities covered by the scope and application of this
standard, the on-site employer and the outside employer
shall inform each other of their respective lockout or tagout
procedures.
1910.147(f)(2)(ii)
The on-site employer shall ensure that his/her employees
understand and comply with the restrictions and
prohibitions of the outside employer's energy control
program
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Hazard Communication. –
1910.1200 / 1926.58


1910.1200(e)(2): "Multi-employer workplaces."
Employers who produce, use, or store hazardous
chemicals at a workplace in such a way that the
employees of other employer(s) may be exposed (for
example, employees of a construction contractor working
on-site) shall additionally ensure that the hazard
communication programs developed and implemented
under this paragraph (e) include the following:
1910.1200(e)(2)(i): The methods the employer will use
to provide the other employer(s) on-site access to
material safety data sheets for each hazardous chemical
the other employer(s)' employees may be exposed to
while working;
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Hazard Communication. –
1910.1200 / 1926.58


1910.1200(e)(2)(ii): The methods the employer
will use to inform the other employer(s) of any
precautionary measures that need to be taken to
protect employees during the workplace's normal
operating conditions and in foreseeable
emergencies; and,
1910.1200(e)(2)(iii): The methods the employer
will use to inform the other employer(s) of the
labeling system used in the workplace.
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Asbestos - 1926.1101



Multi-employer worksites:
1926.1101(d)(1): On multi-employer worksites, an employer
performing work requiring the establishment of a regulated area
shall inform other employers on the site of the nature of the
employer's work with asbestos and/or PACM, of the existence of
and requirements pertaining to regulated areas, and the measures
taken to ensure that employees of such other employers are not
exposed to asbestos.
1926.1101(d)(2): Asbestos hazards at a multi-employer work
site shall be abated by the contractor who created or controls the
source of asbestos contamination. For example, if there is a
significant breach of an enclosure containing Class I work, the
employer responsible for erecting the enclosure shall repair the
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breach immediately.
Asbestos - 1926.1101


1926.1101(d)(3): In addition, all employers of employees
exposed to asbestos hazards shall comply with applicable
protective provisions to protect their employees. For example, if
employees working immediately adjacent to a Class I asbestos
job are exposed to asbestos due to the inadequate containment of
such job, their employer shall either remove the employees from
the area until the enclosure breach is repaired; or perform an
initial exposure assessment pursuant to (f) of this section.
1926.1101(d)(4): All employers of employees working adjacent
to regulated areas established by another employer on a multiemployer work-site, shall take steps on a daily basis to ascertain
the integrity of the enclosure and/or the effectiveness of the
control method relied on by the primary asbestos contractor to
assure that asbestos fibers do not migrate to such adjacent areas. 15
Asbestos - 1926.1101

1926.1101(d)(5): All general contractors on a
construction project which includes work covered by this
standard shall be deemed to exercise general supervisory
authority over the work covered by this standard, even
though the general contractor is not qualified to serve as
the asbestos "competent person" as defined by paragraph
(b) of this section. As supervisor of the entire project, the
general contractor shall ascertain whether the asbestos
contractor is in compliance with this standard, and shall
require such contractor to come into compliance with this
standard when necessary.
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Asbestos - 1926.1101


Communication of hazards.
1926.1101(k)(1): This section applies to the communication
of information concerning asbestos hazards in construction
activities to facilitate compliance with this standard. … =>
If the employer/building owner has actual knowledge, or
should have known through the exercise of due diligence, that
other materials are asbestos-containing, they too must be
treated as such. When communicating information to
employees pursuant to this standard, owners and employers
shall identify "PACM" as ACM. Additional requirements
relating to communication of asbestos work on multiemployer worksites are set out in paragraph (d) of this section.
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Asbestos - 1926.1101


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1926.1101(k)(2): Duties of building and facility owners.
1926.1101(k)(2)(i): Before work subject to this standard is
begun, building and facility owners shall determine the
presence, location, and quantity of ACM and/or PACM at
the work site pursuant to paragraph (k)(1) of this section.
1926.1101(k)(2)(ii): Building and/or facility owners shall
notify the following persons of the presence, location and
quantity of ACM or PACM, at the work sites in their
buildings and facilities. Notification either shall be in
writing, or shall consist of a personal communication
between the owner and the person to whom notification
must be given or their authorized representatives:
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Asbestos - 1926.1101



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1926.1101(k)(2)(ii)(A): Prospective employers applying
or bidding for work whose employees reasonably can be
expected to work in or adjacent to areas containing such
material;
1926.1101(k)(2)(ii)(B): Employees of the owner who will
work in or adjacent to areas containing such material:
1926.1101(k)(2)(ii)(C): On multi-employer worksites, all
employers of employees who will be performing work
within or adjacent to areas containing such materials;
1926.1101(k)(2)(ii)(D): Tenants who will occupy areas
containing such material.
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PART 1904 -- Recording and Reporting
Occupational Injuries and Illnesses

1904.31: Covered Employees
 Those on your payroll.
 Those not on your payroll, if you supervise
these employees on a day-to-day basis.
(Do you supervise temporary help service
employees, employees from a leasing
service, personnel supply service or
contractor’s employees?)
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PART 1904 -- Recording and Reporting
Occupational Injuries and Illnesses

1904.31: Not Covered:
 Self-employed individuals
 Sole proprietorship
 Partnership (only the owner or partners)
 Unpaid volunteers
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Multi-employer Responsibilities:

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
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Also Defined in several of the standards, such
as:
Formaldehyde. - 1910.1048 (m)
1,3-Butadiene. - 1910.1051 (e)
Methylene Chloride. - 1910.1052 (e) & (l)
Methylenedianiline. - 1926.60
Cadmium - 1926.1127
And Others:
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Multi-employer Responsibilities:

Other operations, i.e.:


Powered Industrial Truck Operators
So forth
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§ 1926.20(a)
Contractor requirements.
§ 1926.20(a)(1)
Section 107 of the Act requires that it shall be a condition of
each contract which is entered into under legislation subject
to Reorganization Plan Number 14 of 1950 (64 Stat. 1267), as
defined in 1926.12, and is for construction, alteration, and/or
repair, including painting and decorating, that no contractor or
subcontractor for any part of the contract work shall require
any laborer or mechanic employed in the performance of the
contract to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health or
safety.
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Multi-employer Worksites
CPL 02-00-124 – Multi-Employer Citation Policy
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Multi-employer Worksite Policy

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 must be followed to
determine whether violations of those
standards exist.
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Multi-employer Worksite Policy

Step 1: Determine whether the employer is a
creating, exposing, correcting or controlling
employer (an employer may have more than
one role).

Step 2: Determine if the employer’s actions
were sufficient to meet the obligations it has
with respect to OSHA requirements. The
extent of the actions required of employers
varies based on which category applies.
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More than 1 employer may be cited if
the employer:
1. Created hazard
2. Exposed employee
3. Responsible for correcting hazard
4. Controlling employer
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Creating Employer

Definition: The employer that caused a
hazardous condition that violates an OSHA
standard.
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Creating Employer

Example: Employer M hoists materials onto
Floor 8, damaging perimeter guardrails.
Neither its own employees nor employees of
other employers are exposed to the hazard. It
takes effective steps to keep all employees,
including those of other employers, away
from the unprotected edge and informs the
controlling employer of the problem.
Employer M lacks authority to fix the
guardrails itself.
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Multi-employer Worksite Policy

Step 1: Determine whether the employer
is a creating, exposing, correcting or
controlling employer (an employer may
have more than one role).

Step 1: Employer M is a creating
employer because it caused a hazardous
condition by damaging the guardrails.
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Creating Employer
Analysis:

Step 2: Determine if the employer’s
actions were sufficient to meet the
obligations it has with respect to OSHA
requirements. The extent of the actions
required of employers varies based on
which category applies.
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Creating Employer
Analysis:

Step 2: While it lacked the authority to fix the
guardrails, it took immediate and effective
steps to keep all employees away from the
hazard and notified the controlling employer of
the hazard. Employer M is not citable since it
took effective measures to prevent employee
exposure to the fall hazard.
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Exposing Employer
Definition: An employer whose own
employees are exposed to the hazard.
Exposed” is either:
1. Observed - witnessed, observed
or monitored by OSHA
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2. Unobserved – witness statements or other
evidence that exposure to a hazardous
condition has occurred, continues to occur, or
could recur. (e.g. fatality/catastrophe (or other
accident) investigations or has occurred in the
past (previous six months)).
3. Potential – an employee could be exposed to a
hazardous condition because of work patterns,
past circumstances, or anticipated work
requirements, and it is reasonably predictable
that employee exposure could occur
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Exposing Employer

Example: Employer Sub S is responsible for
inspecting and cleaning a work area in Plant P
around a large, permanent hole at the end of
each day. An OSHA standard requires
guardrails. There are no guardrails around the
hole and Sub S employees do not use personal
fall protection, although it would be feasible to
do so. Sub S has no authority to install
guardrails. However, it did ask Employer P,
which operates the plant, to install them. P
refused to install guardrails.
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Exposing Employer

Analysis:

Step 1: Sub S is an exposing employer because
its employees are exposed to the fall hazard.
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Exposing Employer
Step 2: While Sub S has no authority to install
guardrails, it is required to comply with OSHA
requirements to the extent feasible. It must take
steps to protect its employees and ask the
employer that controls the hazard - Employer P to correct it. Although Sub S asked for
guardrails, since the hazard was not corrected,
Sub S was responsible for taking reasonable
alternative protective steps, such as providing
personal fall protection. Because that was not
done, Sub S is citable for the violation.
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Correcting Employer

Definition: 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.
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Correcting Employer

Example: Employer C, a carpenter
contractor, is hired to erect and maintain
guardrails throughout a large, 15 story
project. Work is proceeding on all floors. C
inspects all floors in the morning and again
in the afternoon each day. It also inspects
areas where material is delivered to the
perimeter once the material vendor is
finished delivering to that area... =>
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Correcting Employer
Example part 2:
Other contractors are required to report
damaged/missing guardrails to the general
contractor, who forwards those reports to C.
C repairs damaged guardrails immediately
after finding them and immediately after they
are reported. On this project few instances of
damaged guardrails have occurred other than
where material has been delivered… =>>
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Correcting Employer
Example part 3:
Shortly after the afternoon inspection of Floor
6, workers accidentally damaged a guardrail in
one area. No one tells C of the damage and C
has not seen it. An OSHA inspection occurs at
the beginning of the next day, prior to the
morning inspection of Floor 6. None of C’s
own employees are exposed to the hazard, but
other employees are exposed.
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Correcting Employer
Analysis:
Step 1: C is a correcting employer since it is
responsible for erecting and maintaining fall
protection equipment.
 Step 2: The steps C implemented to discover
and correct damaged guardrails were reasonable
in light of the amount of activity and size of the
project. It exercised reasonable care in
preventing and discovering violations; it is not
citable for the damaged guardrail since it could
not reasonably have known of the violation.
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Controlling Employer

Definition: 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.
Control can be established by contract or, in
the absence of explicit contractual provisions,
by the exercise of control in practice.
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Types of Controlling Employers

Control Established by Contract. In this case, the
Employer Has a Specific Contract Right to
Control Safety: To be a controlling employer,
the employer must itself be able to prevent or
correct a violation or to require another employer
to prevent or correct the violation. One source of
this ability is explicit contract authority. This can
take the form of a specific contract right to
require another employer to adhere to safety and
health requirements and to correct violations the
controlling employer discovers.
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Types of Controlling Employers

Control Established by a Combination of Other
Contract Rights: Where there is no explicit
contract provision granting the right to control
safety, or where the contract says the employer
does not have such a right, an employer may still
be a controlling employer. The authority to
resolve disputes between subcontractors, set
schedules and determine construction
sequencing are particularly significant because
they are likely to affect safety.
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Controlling Employer

Example:
Employer GH contracts with Employer P to do
painting at GH's plant. Fall protection is
required. Further, the contract explicitly
requires P to comply with safety and health
requirements. Under the contract GH has the
right to take various actions against P for failing
to meet contract requirements, including the
right to have non-compliance corrected by using
other workers and back-charging for that work.
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Controlling Employer

Example, cont:
GH monitors P by a combination of
inspections, telephone discussions and a
weekly review of P’s own inspection reports.
GH has never before worked with P. During
a number of its inspections, GH finds that P
has violated fall protection requirements. It
points the violations out to P during each
inspection but takes no further actions.
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Controlling Employer, Analysis:

Step 1: GH is a controlling employer because it
has general supervisory authority over the
worksite, including contractual right of control
over P.
Step 2: GH took adequate steps to meet its
obligation to discover violations. However, it
failed to take reasonable steps to require P to
correct hazards since it lacked a graduated system
of enforcement. A citation to GH for the fall
protection violations is appropriate.
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Summary
What if you have employees exposed to an unsafe
condition, you may be cited unless:
 Your company did not create the hazard.
 Your company does not have the authority to
correct the hazard or have it corrected.
 Your company made an effort to persuade the
employer responsible for the violation to correct
it (normally in writing).
 Your company instructed your employees how to
avoid or minimize the dangers of the hazard and,
where feasible, provided alternative protection
for them.
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www.osha.gov
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Summit,
Little Rock
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Summit
Harrisburg
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Summit, Little
Rock
Eighth Circuit
Overrules Review
Commission in
OSHA/Summit
Multi-Employer Case
http://www.ca8.uscourts.gov/opndir/09/02/072191P.pdf
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Pennsylvania OSHA Area Offices
Allentown Area Office
(610) 776-0592
Erie Area Office
(814) 461-1492
Harrisburg Area Office
(717) 782-3902
Philadelphia Area
Office
(215) 597-4955
Pittsburgh Area Office
(412) 395-4903
Main OSHA Number:
1-800-321-OSHA,
1-800-321-6742
Wilkes-Barre Area
Office
(570) 826-653857
Rev: 22 Sept 2006
This information has been developed by an OSHA Compliance
Assistance Specialist and is intended to assist employers,
workers, and others as they strive to improve workplace health
and safety. While we attempt to thoroughly address specific
topics, it is not possible to include discussion of everything
necessary to ensure a healthy and safe working environment in a
presentation of this nature. Thus, this information must be
understood as a tool for addressing workplace hazards, rather
than an exhaustive statement of an employer’s legal obligations,
which are defined by statute, regulations, and standards.
Likewise, to the extent that this information references practices
or procedures that may enhance health or safety, but which are
not required by a statute, regulation, or standard, it cannot, and
does not, create additional legal obligations. Finally, over time,
OSHA may modify rules and interpretations in light of new
technology, information, or circumstances; to keep apprised of
such developments, or to review information on a wide range of
occupational safety and health topics, you can visit OSHA’s
website at www.osha.gov.
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