Multi-Employer Worksites

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1. Slide 1

   Multiple Employer Worksites

   • MODULE 6
2. Slide 2

   Brainstorm

   • How many contractors typically work on one well site?
   • Who is liable if someone is hurt?
   • Who is cited if a standard is violated?
3. Slide 3

   OSHA Multi-Employer Citation Policy

   • CPL 2-0.124 (Appendix A of manual)
   • Clarifies responsibilities of employers
   • More than one employer may be citable
   • Two-step process to determine
   • How long will this be enforcement policy?
   • OSHRC decision has called the policy into question.
4. Slide 4

   Two-Step Process

   • 1. What category of employer?
   • Creating
   • Exposing
   • Correcting
   • Controlling
   • (Multiple roles possible)
   • 2. Did employer meet obligations for that category?
5. Slide 5

   Creating Employer

   • 1. “The employer that caused a hazardous condition that violates an OSHA standard”
   • 2. Must not create violations / hazards.
   • Citable even if only employees of other employers are exposed
6. Slide 6

   Exposing Employer

   • 1. “An employer whose own employees are exposed to the hazard.”
   • Even if they created the hazard.
   • 2. If not the creating employer, citable if:
   • Knew hazard, or would have with reasonable diligence and
   • Failed to take steps to protect employees.
7. Slide 7

   Exposing Employer

   • If exposing employer does not have authority to correct hazard, must:
   • Ask creating or controlling employer to correct
   • Inform employees of hazard
   • Take reasonable alternative protective measures
   • Imminent danger? Remove employees!
8. Slide 8

   Correcting Employer

   • 1. Common undertaking, same worksite as exposing employer and Responsible for correcting a hazard
   • 2. Must exercise reasonable care in
   • Preventing and discovering violations Meeting obligation to correct hazard
9. Slide 9

   Controlling Employer

   • 1. General supervisory authority
   • Power to correct or require others By contract or in practice
   • 2. Reasonable care to prevent & detect
   • Lesser extent than for own employees Less frequent inspections
   • Less knowledge of trade standards
10. Slide 10

    Controlling Employer

    • Factors on how often to inspect:
    • Project scale
    • Nature/pace of work, changing hazards
    • How much known about subcontractor
    • More frequent inspections for unknown or previously non-compliant subcontractor
    • Less frequent inspections for subcontractor with strong safety and health efforts
11. Slide 11

    Controlling Employer

    • Factors to evaluate reasonable care:
    • Periodic inspections, frequent enough
    • Effective system to correct hazards
    • Effective, graduated enforcement
12. Slide 12

    Controlling Employer

    • Types of Controlling Employer:
    • Established by Contract
    • Combination of Contract Rights
    • Dispute resolution, schedules, sequencing
    • Architects / Engineers, as above
    • Control without Explicit Contractual Authority
13. Slide 13

    Multiple Roles

    • May be an exposing employer in combination with other roles
    • May be a correcting employer if authorized to correct hazard
14. Slide 14

    OSHA Regulations with Rules for Multiple Employers

    • Specific rules in:
    • Hazard communication 1910.1200
    • Lockout/tagout 1910.147
    • Permit-required confined spaces 1910.146
    • Process safety management 1910.119
    • Citation policy applicable to all hazards
15. Slide 15

    Examples?

    • Many in Multi-Employer Citation Policy
    • Others from your experience?
    • Apply 2-step rule…
16. Slide 16

    Civil Liability

    • Worker’s compensation only covers employee-employer relationship
    • Subcontractor employees may sue general contractor
    • Prevention:
    • Reasonable care to prevent/correct hazard
    • Coordination with other employers
    • Contract terms / practices with contractors