Multi Employer Relationships on the Job Site

Presented at the Construction Safety Council annual Conference, Hillside, Illinois, February 2001

Contractor Liabilities

• The entity responsible for overall site coordination, scheduling, etc. (Controlling Contractor) may be held liable for citation under OSHA.
  
• In the event of an accident multiple contractors may be held liable in Tort Liability case.

Site Safety Issues

• Overall site safety issues are the responsibility of the Controlling Contractor.
• If the “CC” assigns responsibilities to other contractors they must still exercise some level of control.
• The “CC” may ultimately be held accountable in the event of an accident.

Safety in Contracts

• Requirements to comply with all safety regulations should be in the contract.
• Safety requirements more stringent than OSHA Standards, should be identified in the construction documents.
• Contract should include a discipline clause and even a termination clause for noncompliance with safety.

Pre-Job Safety Planning

• Know who each contractor’s safety representative is and communicate with them.
• Establish responsibilities for primary safety issues.
• Include safety in pre-construction and progress meetings
• Establish requirements for regular safety meetings

Responsibilities of the Controlling Contractor

• Promote safety cooperation.
• Assure overall safety of the site.
• Assure each contractor has MSDS’s.
• Conduct safety audits.
• Assist in investigations of accidents.
• Advise contractors of unsafe practices.
• Discipline contractors if necessary.
• Protect the public.

Responsibilities of Individual Contractors

• Maintain their own safety & housekeeping
• Maintain Hazcom & MSDS’s
• Provide trained and safe employees.
• Follow site safety requirements.
• Restore protections they remove.
• Advise “CC” of unsafe conditions.
• Advise “CC of any accident.

Types of Responsibilities

• Overall Safety Issues
  
  
  • Safety issues that affect employees of multiple contractors
    
    
• Individual Issues
  
  
  • Safety issues that affect only employees of that contractor.

Site Utilities - OVERALL

• Emergency numbers and directions posted.

All utilities located and marked.

Overhead power lines addressed

Working Around Overhead Power

INDIVIDUAL

OVERALL

Site Security - OVERALL

• Site fencing set
• Site lighting

Traffic controls for major equipment and material deliveries

Lifting

INDIVIDUAL

OVERALL

Excavations

INDIVIDUAL

OVERALL

Temporary Electrical

INDIVIDUAL

OVERALL

Open Outlets	Temporary Boxes
INDIVIDUAL	OVERALL

Framing, Steel & Masonry

INDIVIDUAL

Perimeter Protection

OVERALL

Hole Protection

OVERALL

Ladder Usage

INDIVIDUAL

OVERALL

Scaffolds

INDIVIDUAL

OVERALL

Roofing Work

INDIVIDUAL

Power Tools

INDIVIDUAL

Housekeeping

OVERALL

INDIVIDUAL

Fire Protection

OVERALL & INDIVIDUAL

Ybor City construction fire

Competent Persons

• Needed for many activities
  
• Should be supplied by contractor doing the work.
  
• “CC” has an obligation to assure that a competent person is overseeing safety of specific work activities.

Accidents to the Public

• People struck by falling objects.
  
• Pedestrians hit by equipment or trucks.
  
• Unauthorized people, such as children, getting into construction sites.

Protect the Public

• Separate the public and construction.
• Maintain site fences.
• Provide traffic control when needed.
• Utilize canopies over public sidewalks and screens or nets around work areas.
• Set barricades and warning signs.

Safety Enforcement

• The “CC” should enforce subcontractor’s safety violations.
• When violations are noted, the offending contractor should be notified in writing.
• If, after due diligence, the offending contractor refuses to comply, they should be removed.

Multi-employer Policy

• OSHA may cite “Controlling Contractors” for violations not created by the “Controlling Contractor.”
• Other employers may also be cited, whether or not their own employees are exposed.

OSHA May Cite If:

• Employees are exposed to a hazard.
• They created the hazard.
• They had the responsibility or the authority to correct the hazard.
• They knew of a hazard and did not inform others.

The Controlling Employer

• The employer who is responsible, by contract or through actual practice, for safety and health conditions on the worksite.

The Creating Employer

• The employer who actually creates the hazard.
• IE. The contractor who took the guardrails down and did not protect the hazard.

The Exposing Employer

• The employer whose employees are exposed to the hazard.
• IE. The contractor whose employees were exposed to a fall as a result of the guardrails being down.

The Correcting Employer

• The employer who has the responsibility for actually correcting the hazard
• IE. The contractor who had responsibility to maintain the guardrails.

Multiple Roles

• The same contractor may perform multiple rolls.
• IE. The GC is controlling, they have the responsibility to maintain the guardrails and they did not either do it or assure that it was done.

Defense of M/E Citations

• Prove that even with due diligence, you were unaware of the hazard.
• Show that you have informed the offending employer of the hazard, that you expect it corrected and that you have followed up on your request.
• Show that you protected your employees until the hazard was corrected.

Defense of Civil Liability

• All of the above.
• Confirm that subs have W/C insurance.
• Qualify subs for safety.
• Consider indemnification clauses in contracts.
• Remove unsafe employees.