#73 Multi Employer Job Sites
As many builders have discovered, OSHA will often cite builders or general contractors for the OSHA violations of their subcontractors in addition to citing the sub. That is because OSHA considers the general contractor to be the “controlling employer” of the construction site. OSHA distinguishes between employers as follows:
THE “EXPOSING” EMPLOYER
On multi-employer worksites, both construction and non-construction, citations normally shall be issued to employers whose employees are exposed to hazards.
THE “CREATING” EMPLOYER
The employer who actually creates the hazard.
THE “CONTROLLING” EMPLOYER
The employer who is responsible, by contract or through actual practice, for safety and health conditions on the worksite, i.e., the employer who has the authority for ensuring that the hazardous condition is corrected.
THE “CORRECTING” EMPLOYER
The employer who has the responsibility for actually correcting the hazard.
In simplified language, the National Association of Home Builders (NAHB) considers that OSHA can, and often does, cite the builder (determined to be the “Controlling” employer) when there are violations of OSHA regulations by other employers on the jobsite.