Understanding OSHA’s Multi-Employer Worksite Doctrine and the Unforeseeable Employee Misconduct Defense

With construction booming, many roofing contractors find themselves struggling to provide enough labor at each project. As a result, more and more roofing contractors are engaging subcontractors to help with the current work load. Subcontracting work to a subcontractor, however, does not absolve the roofing contractor of responsibility for safety under OSHA, even in a situation where all of the work is performed by a subcontractor.

OSHA can issue a citation to the controlling employer, the correcting employer, and the creating employer, in addition to the exposing employer. We will discuss OSHA’s multi-employer worksite doctrine, and we will also be sure to discuss the duties required of each type of employer on a multi-employer worksite. We will also address the unforeseeable employee misconduct defense to an OSHA citation, for when the subcontractor is cited as the exposing employer.

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