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Sheet 35Mix-up sheet · Incident investigation, JHAs and escalation

OSHA's multi-employer worksite policy for supervisors

On a shared site, OSHA can cite more than one employer for the same hazard. Its multi-employer citation policy, directive CPL 02-00-124, decides which ones by asking what role each employer plays (creating, exposing, correcting or controlling) and whether it met that role's duty.

How OSHA works through a shared-site hazard

  1. Sort each employer into its roles

    One employer can hold several at once. A subcontractor that creates a hazard and then sends its own crew past it is both creating and exposing.

  2. Hold it to that role's duty

    Each role carries a different level of care. An employer that met the duty of its role is not cited, even though the hazard was real.

  3. Cite each one that fell short

    One employer's failure does not excuse another's, so a single unguarded hazard can produce citations to two or three firms.

Four roles on one trench

Illustrative roles on a utility trench job
RoleOn this jobWhat the policy expects
CreatingThe sitework sub that dug the trench and piled spoil right at its edgeCorrect the condition it caused; it can be cited when only other firms' workers are exposed
ExposingThe plumbing sub whose pipe layers work in the trenchAsk the creating or controlling employer to fix it, tell its crew, and protect them another reasonable way, pulling them out if it must
CorrectingThe shoring contractor hired to set and maintain the trench protectionReasonable care in putting the protection in and keeping it right
ControllingThe general contractor, with overall authority over the siteReasonable care to prevent and detect violations

Spoil belongs at least 2 feet back from the edge under the excavation rules, so the sitework sub created a hazard here before anyone entered the trench.

Who owes what?

Some cards ask you to name the role. Others put you in the general contractor's boots and ask for the next move.

Card 1 of 6 · 0 right

Card 1

A laborer reports that a subcontractor's scaffold is missing guardrails, and the subcontractor's foreman refuses to fix them. What should the general contractor's supervisor do NEXT?

Pick an answer. A short note for each option, A to D, appears here.

Card 2

A controlling contractor wants a mechanical crew to hang ductwork on the floor directly below ironworkers who are bolting beams. What does OSHA's steel erection standard require?

Pick an answer. A short note for each option, A to D, appears here.

Card 3

Masons, electricians and painters will all work on the same floor next week. What is the BEST way to identify hazards created by their interaction?

Pick an answer. A short note for each option, A to D, appears here.

Card 4

An electrical subcontractor removes a section of perimeter guardrail to pull wire, then leaves the opening unguarded when its crew leaves the floor. Another firm's drywall crew works nearby. What is the electrical sub under OSHA's multi-employer policy?

Pick an answer. A short note for each option, A to D, appears here.

Card 5

A construction manager has no crews on the project, but its contract lets it require subcontractors to correct hazards. A sub's trench has no protective system. Under OSHA's multi-employer policy, what is the construction manager's role?

Pick an answer. A short note for each option, A to D, appears here.

Card 6

The steel erector has finished a floor and left its perimeter safety cables in place. The general contractor wants drywall crews to start work on that floor. Under the steel erection standard, what must happen before other trades rely on those cables?

Pick an answer. A short note for each option, A to D, appears here.

    Lines the policy draws

    The controlling contractor is not automatically liable for every subcontractor violation, and it is not expected to inspect as often as an employer watching its own crew. How often is reasonable depends on the size of the project, the pace of the work, how quickly hazards change and the subcontractor's compliance record.

    Some construction standards name the controlling contractor outright. In steel erection it must give the erector written notice that concrete and mortar have reached 75% of their intended minimum design strength, or enough strength to support the erection loads, before erection starts (29 CFR 1926.752). For permit spaces, it coordinates entry with the host employer and each entry employer (29 CFR 1926.1203(h)); the confined space entry sheet walks through who does what at the opening.

    Each trade's job hazard analysis covers the hazards of its own steps. Incident investigation and the chain of command are on the incident investigation, JHAs and escalation sheet.

    What the policy does and does not settle

    Is the multi-employer policy a regulation?

    No. It is an OSHA enforcement directive, CPL 02-00-124, that tells compliance officers how to decide which employers to cite. The duties themselves come from the standards.

    Does the policy set penalty amounts?

    No. It decides which employers can be cited for a hazard. Penalties are set separately, and this sheet quotes none.

    Next sheets

    See this mix-up again tomorrow

    Short repeat sets in the app are how look-alike rules stop looking alike.