OSHA Multi-Employer Policy: When GCs Get Cited for Subs

Policy Overview

OSHA's Multi-Employer Citation Policy (CPL 02-00-124) establishes that on multi-employer worksites, more than one employer may be cited for a hazardous condition that violates an OSHA standard. This policy has been upheld by the Occupational Safety and Health Review Commission and Courts of Appeal in seven federal circuits.

Under this policy, a general contractor can be cited for safety violations created by subcontractors - even if the GC's own employees were not exposed to the hazard. This fundamentally changes how general contractors must approach jobsite safety.

Four Employer Types

CPL 02-00-124 identifies four categories of employers who may be cited. An employer may fall into multiple categories simultaneously.

1. Creating Employer

The employer that caused the hazardous condition. Creating employers are citable even if the only workers exposed are employees of other employers at the site. Example: A subcontractor removes a guardrail, creating a fall hazard for all workers in the area.

2. Exposing Employer

An employer whose own employees are exposed to the hazard. If the exposing employer did not create the violation, they are citable if they:

Knew of the hazardous condition or failed to exercise reasonable diligence to discover it
Failed to take steps consistent with their authority to protect employees

Only exposing employers can be cited for General Duty Clause violations under Section 5(a)(1) of the OSH Act.

3. Correcting Employer

An employer engaged in a common undertaking on the same worksite who is responsible for correcting a hazard. This typically applies to employers contracted specifically to ensure safety compliance or correct hazards.

4. Controlling Employer

An employer with general supervisory authority over the worksite, including the power to correct safety violations itself or require others to correct them. General contractors are most commonly cited as controlling employers.

Controlling Employer Duties

A controlling employer has a duty to exercise reasonable care to prevent and detect violations on the jobsite. This duty is somewhat relaxed compared to an employer's duty to protect its own employees, but it is still significant.

Factors OSHA Considers

The degree of control the GC exercises over the worksite
The GC's contractual authority to require subcontractors to comply with safety standards
Whether the GC conducted reasonable inspections
The subcontractor's history of compliance or non-compliance
Whether the hazard was obvious or required specialized knowledge to detect

Standard of Care

The controlling employer must exercise reasonable care, which includes:

Conducting worksite inspections
Implementing a system to detect hazards
Effectively correcting hazards once discovered
Requiring subcontractors to correct hazards within their scope

More frequent inspections may be required if a subcontractor has a history of non-compliance. A GC who knows a sub has safety problems cannot simply look the other way.

GC Liability

The Occupational Safety and Health Review Commission has noted that the duty imposed on a general contractor is reasonable and that a GC will not be held liable "for violations which it could not reasonably be expected to detect or prevent."

However, GCs are regularly cited for subcontractor violations. In 2009, the Eighth Circuit Court of Appeals made clear that OSHA has authority to cite general contractors for hazards created by subcontractors under the controlling employer doctrine.

Common Citation Scenarios

Fall protection violations - subcontractors working at height without guardrails or personal fall arrest
Scaffolding deficiencies created by specialty trade contractors
Excavation hazards from earthwork subcontractors
Electrical hazards from live electrical work
Struck-by hazards from overhead work or material handling

Defense Factors

When OSHA issues a citation to a controlling employer, these factors support defense:

Documented safety training programs
Records of thorough and frequent site audits
Written safety requirements in subcontracts
Documentation of corrective actions taken when hazards were discovered
Evidence that the GC required subcontractors to correct hazards

Protecting Your Business

General contractors can take steps to limit exposure under the controlling employer doctrine:

Before Award

Vet subcontractors: Review safety history before awarding contracts. Check OSHA inspection records, EMR (Experience Modification Rate), and any history of serious or willful violations.
Contract language: Include specific safety requirements, obligation to comply with OSHA standards, and right to remove non-compliant workers from site.
Insurance verification: Confirm adequate workers' comp and general liability coverage.

During Project

Regular inspections: Conduct documented safety audits. Frequency should increase for subs with compliance issues.
Toolbox talks: Require and document safety meetings.
Hazard correction: When hazards are identified, document notification to responsible party and follow up on correction.
Stop work authority: Be willing to stop work for serious hazards and document the decision.

Why Pre-Award Vetting Matters

OSHA considers the subcontractor's history of compliance when evaluating the GC's standard of care. If you hire a subcontractor with multiple serious violations on their record and they create a hazard on your jobsite, OSHA will question whether your inspection frequency was adequate given known risk factors.

Manual vetting takes 45+ minutes per contractor when done properly - checking CSLB, SAM.gov, OSHA inspection history, DOL wage violations, and EPA records. Most GCs skip databases they don't know exist.