What’s At Stake

On multi-employer worksites, all employers must work together to identify and control hazards for worker health and safety.

What’s the Danger

EMPLOYER’S RESPONSIBILITIES IN A MULTI-EMPLOYER WORKSITE

OSHA breaks employers down into the following four categories: the Creating Employer, the Exposing Employer, the Correcting Employer, and the Controlling Employer.

Creating Employer. The Creating Employer is the employer who caused a hazardous condition that violates an OSHA standard. A creating employer can be cited in instances where none of its employees are exposed to the hazard but employees of other employers are exposed.

Exposing Employers. The Exposing Employer is one whose own employees are exposed to the hazard. Employee exposure is established if an OSHA compliance officer witnesses, observes or monitors the exposure of an employee to a hazardous condition during work.

If the exposing employer lacks the authority to correct the hazard, it can still be cited if it fails to do each of the following:

• ask the creating and/or controlling employer to correct the hazard;
• inform its employees of the hazard; and
• take reasonable protective measures. In extreme circumstances, the exposing employer can be cited for failing to remove its employees from the worksite to avoid the hazard.

Controlling Employers. Employers with supervisory authority over the jobsite and that have the ability to correct OSHA violations or to require others to correct the hazards are defined as the Controlling Employer. This status is established by the contract or by practicing control over a worksite.

The following factors to determine the appropriate frequency and of inspections and how closely a controlling employer must inspect a job site:

• The scope of the project;
• The nature and pace of the work, including the frequency with which the number or types of hazards change as the work progresses;
• And how much a controlling employer knows about the safety practices of the employer it controls and that employer’s level of expertise.

Corrective Employers. The correcting employer is responsible for correcting a hazard on-site. They most often are the employer given the responsibility of providing and maintaining safety equipment or devices for the project. Correcting employers can be cited for OSHA violations even in instances in which its employees are not exposed to the hazardous condition.

HOW TO PROTECT YOURSELF

BEST SAFETY PRACTICES IN MULTI EMPLOYER WORKSITES – THREE PRINCIPAL PROCESSES

1. Job Hazard Management for the benefit of workers

In a job hazard analysis, where contractors and sub-tier contractors identify the means that will be used to perform work, the associated hazards and the controls that will be implemented to protect workers.

At the start of each day or before a shift change, contractors should conduct a physical survey of work areas to identify hazards. They should also review any drawings, documents, the project hazard analysis and project-specific safety and health plan, and confer with workers to understand any potential hazards. Contractors should identify any hazards within the scope of work that could impact other project personnel and the public over the course of the project.

2. Set clear hazard reporting procedures for employees

All employees need to understand how to report safety hazards that they encounter on the job. Using hazard reporting software, employees can easily document hazards, attach photos, and automatically notify key team members of the problem so that it can be corrected quickly.

3. Daily Work Planning

Along with employees on a daily basis, contractors meet with workers crews at the start of the day and at shift changes to confirm each worker’s assignments and overall project activities are understood.

TRAINING, TRAINING, TRAINING – FOUR TYPES OF TRAINING FOR EMPLOYEES

• Supervisor Safety Orientation: Supervisors are required to receive a safety and health orientation before the project begins to learn how to train workers on hazards, the procedures for selecting appropriate control measures and PPE, responsibility and procedures for enacting corrective measures, work authority, and incident reporting and investigation requirements.
• Project Safety Orientation: Before work begins, workers and supervisors must receive a project-specific safety and health orientation so they understand the project-specific safety and health plan.
• Job-Specific Training: Ensure workers have appropriate training for the tasks they will be performing.
• Toolbox Meetings: Held on at least a weekly basis for all employees on the work site, these meetings focus on topics determined by the senior project supervisor and site safety and health supervisor.

FINAL WORD

In addition to the legal liabilities, multi-employer worksites have many unique hazards. Differing safety policies, standard practices and training levels can create an uneven playing field where many workers are ill-prepared for — or unaware of — the dangers of their surroundings.