Multi-Employer Worksites
Issue # 120
September 7, 2010
Whenever two or more employers are conducting operations at the same location, Cal OSHA considers it a multi-employer worksite. There are California Labor Code Sections and California Code of Regulations that apply to almost every California employer in these circumstances.
What is a "Multi-Employer" Worksite
According to CalOSHA Policy & Procedure C-1C, "A Multi-Employer Worksite" is any worksite, permanent or temporary, where more than one employer (and his or her employees) work, usually but not necessarily at the same time. The most common multi-employer worksites are temporary worksites at which construction activities take place. Other examples include permanent worksites at which outside contractors perform activities at that worksite, including but not necessarily limited to construction, environmental or janitorial services, repairs and deliveries. Given this broad definition, any employer using the services of another employer is subject to Multi-Employer regulations. Property and project owners have the same responsibility for employee safety as do contractors and subcontractors.
Employer Categories
Cal OSHA identifies four categories of employers at a multi-employer worksite:
- The Creating Employer creates the violation condition
- The Exposing Employer employs the workers exposed to a violation, regardless of whether that employer created the condition,
- The Controlling Employer is responsible, by contract or practice, for the safety and health conditions at the worksite and has the authority to correct the violation.
- The Correcting Employer has the specific responsibility to correct violation conditions.
- Worksites may contain several or all of the employer categories. When Cal OSHA identifies safety violations at a worksite, the agency evaluates the owner and employer hierarchy to determine which owner and/or employer(s) is/are responsible for the violation.
Managing the Risk
Owners/contractors should pre-qualify subcontractors before hiring them. They or the controlling contractor should examine the Injury and Illness Prevention Program (IIPP), claims experience, and three-year history of Cal OSHA citations for all subcontractors.
Before a new project or phase begins, safety planning should be undertaken to identify site-specific hazards, safety precautions, and the responsible party. Conducting periodic safety inspections based on the hazard level and daily meetings between site safety managers and subcontractors can help keep everyone informed about changing worksite conditions and potential problems.
The controlling employer is not only responsible for communicating required safety precautions and notifying the other employers about unsafe conditions or behavior; they must do everything within their power, up to and including terminating the contract, to maintain a safe workplace and protect all employees on site.
Summary
Through cooperation and vigilance, all of the employers involved in a multi-employer worksite can maintain safety standards and protect employee health.