Courts note inconsistencies between multi-employer policy and standards

A general building contractor was hired to build a college dormitory in Little Rock, Arkansas. The company worked with various subcontractors to complete the project. However, OSHA cited the general contractor for the lack of fall protection on one of its subcontractor’s team of employees. These employees were using scaffolding without guardrails to perform their work and the general contractor brought this to their attention a couple of times. Since these exposed workers were not the general contractor's employees and the general contractor did not create the hazard, it brought its case before the Occupational Health and Safety Review Commission (OSHRC).

The citation OSHA issued focused on the violation of the construction regulation 1926.451(g)(1)(vii) as the employer who has control over subcontractors resulting from an agreement. The general contractor argued that the multi-employer citation policy could not be enforced because it went against 29CFR 1910.12(a) standards.

Upon review, OSHRC ruled that the citation was indeed invalid. This decision was based on the fact that the Secretary, who sets OSHA policies, has not been consistent between the multi-employer worksite policy and the language of her regulation in 1910.12(a).

View the full text of this OSHRC decision.