When working on a multi-employer worksite, safety is everyone’s responsibility. Whether you’re a general contractor, subcontractor, or sub-subcontractor, you could be held liable for employee injuries under OSHA’s Multi-Employer Citation Policy, even if they aren’t your direct employees or you didn’t directly create the hazard.
This is why we advise clients that having a clear safety culture, documented behavioral expectations and an accountability structure is crucial to minimizing liability.
Understanding OSHA’s Employer Categories
OSHA categorizes employers on multi-employer worksites into four types: Creating, Exposing, Controlling and Correcting. For example, if a scaffolding company (the “creating employer”) installs platforms improperly, a drywall subcontractor (the “exposing employer”) might send workers up to the unstable scaffold. The general contractor (the “controlling employer”) oversees the entire site, while another subcontractor (the “correcting employer”) is responsible for inspecting and maintaining all scaffolding. If OSHA investigates, all four employers could face citations, regardless of whether the employees at risk are their direct reports or if they created the hazard.
Building a Strong Safety Culture
A strong safety culture means everyone understands the expectations and knows how to report concerns without fear of retaliation. However, culture alone isn’t enough. You need structure: written policies that define responsibilities, clear communication protocols for hazard reporting and regular site-wide safety meetings that include all trades. Injuries involving a sub-subcontractor’s worker can trigger citations throughout the contracting chain, especially if proper documentation or accountability is lacking.
Key Takeaways for Employers
- Know Your Role: Understand whether you’re a creating, exposing, correcting or controlling employer—and remember, you can be more than one type at the same time.
- Build a Safety Culture: Encourage open communication, proactive hazard identification and shared responsibility across all trades and tiers.
- Document Everything: Keep written records of inspections, training, incident reports and corrective actions. If it’s not documented, it didn’t happen in OSHA’s eyes.
- Vet and Train Subcontractors: Ensure contractors and subs meet your safety standards before they set foot on site—and hold them accountable throughout the project.
- Integrate Safety into Contracts: Make safety expectations and obligations explicit in all your agreements, including right-to-correct provisions and reporting requirements.
Strong safety culture and clear accountability structures are more than just good practices—they’re your best defense in a multi-employer compliance landscape.