OSHA’s Multi-Employer Citation Policy | Risk Matrix Episode 127
Risk Matrix #127: OSHA’s Multi-Employer Citation Policy
Multi-employer citation policy is one of the most confusing and misapplied topics in workplace safety. If you’re a general contractor, hiring client, or subcontractor, this matters.
In this episode Dr. Martin and James break down how OSHA cites multiple employers on the same worksite. James walks through the four employer roles (Creating, Exposing, Correcting, Controlling), what “reasonable care” means legally, the defenses that actually work, and why your contract doesn’t protect you.
KEY TAKEAWAYS
- You can be cited even if your employees weren’t exposed. If you’re involved in the chain of responsibility for a hazard, OSHA can cite you as a Creating, Exposing, Correcting, or Controlling employer.
- Contracts don’t transfer OSHA risk. Indemnification and hold harmless language transfers financial risk, but OSHA does not recognize that risk transfer. There are non-delegable duties.
- “Reasonable care” is decided by the general public. If you end up in court, a jury of non-safety professionals will decide if you acted reasonably.
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