OSHA Multiemployer Enforcement Policies
Texas Lawyers Protecting & Defending Against OSHA Citations
Work sites with more than one employer, such as construction sites, can be chaotic and confusing.
On a construction site, a general contractor, subcontractors, and other employers may all have workers on the site. Determining which employer is responsible for violations of federal workplace safety law can be complex.
The multiemployer enforcement policy is a policy designed to make different employers responsible for the safety of all workers on a site-not just their own direct employees. The policy allows OSHA to cite employers for any workplace hazards, regardless of whose employees are exposed to the hazard.
At Hendershot, Cowart & Hisey, P.C., our OSHA defense attorneys advise employers on all aspects of protecting and defending against OSHA citations, including multiemployer enforcement policies. We serve employers in Houston and throughout Texas. Since 1987, companies of all sizes have entrusted us with their businesses for a simple reason: we have a proven record of resolving complex, difficult legal situations.
When Does the Multiemployer Policy Apply?
OSHA may apply the multiemployer workplace policy to an employer that:
- Creates the condition that results in a violation. An employer that creates a hazardous condition can be cited even if only the workers of another employer are exposed.
- Exposes workers to a violation, even if the employer did not create it. An employer in this situation may be cited if it knows of the violation and does not take steps to protect its employees.
- Has a responsibility to correct the violation. Employers are often responsible for maintaining and installing safety equipment. They must use reasonable care to prevent, discover, and correct hazards.
- Is responsible for the health and safety of workers. These employers have general supervisory control over the work site. They must use reasonable care to prevent and detect safety problems on a work site, although not to the level of a correcting employer.
Depending on the circumstances, any of these employers may be cited for workplace safety violations found during an OSHA inspection. Because of this, it's important for employers to understand their responsibilities on multiemployer work sites and to consult an experienced OSHA attorney before commencing work on a multiemployer site and especially when work sites are inspected. If you are issued an OSHA citation on a multiemployer site, Hendershot, Cowart & Hisey, P.C. can help defend your company.
Experienced Attorneys in Houston & All of Texas
For 25+ years, Hendershot, Cowart & Hisey, P.C. has represented employers for OSHA regulations compliance and during and after OSHA inspections. Our attorneys understand complex situations like multiemployer work sites because we have handled such cases many times before.
We can advise employers of their potential responsibilities on these sites, but we can also help protect employers' interests if OSHA issues citations. Whatever your situation demands, our seasoned trial lawyers can craft the ideal solution to match your needs.
For a confidential consultation, call (713) 489-2028 or contact us online. Our main offices are in Houston, and we are available by appointment only at our offices in Austin, Corpus Christi, Galveston and Sugar Land.