Recently the United States Court of Appeals overturned an Occupational Safety and Health Review Commission (OSHRC) decision concerning the OSHA multi-employer citation policy. The new decision holds general contractors accountable for keeping all employees safe at a worksite, not just their own employees. Initially

OSHRC concluded that the multi-employer citation policy, which states that OSHA may issue citations to general contractors at construction sites who have the ability to prevent hazardous conditions created by subcontractors, violated OSHA regulations for construction work standards - 29 C.F.R. 1910.12(a). As a result OSHRC ruled that an employer is responsible for the safety and health of only those employees who work for the employer.

However, upon review by the U S Court of Appeals, it was determined that OSHRC abused its discretion in determining that the controlling employer citation policy conflicted with 1910.12(a). The appeals court deferred to the original interpretation of the standard and determined that the multi employer citation policy will stand and will place the responsibility of monitoring all employees and aspects of the worksite on a general contractor.

Employers should be aware that the process to determine who will be cited on a project will include whether the employer is a creating, exposing, correcting or controlling employer. A controlling employer is an employer who has general supervisory authority over the worksite, including the power to correct safety violations itself or require others to correct them. Control can be established by contract or by the exercise of control in practice.