Is OSHA's Multi-Employer Citation Policy, an imposition or advancement in how multiple companies on a project site identify and implement adequate safety for the employees, consultants, vendors and business invitees on a project site? The primary concern voiced during our presentation at the 2005 ASSE Conference was that the OSHA Multi-Employer Citation Policy (MECP) places constraints on employers that make them cautious to become involved in the safety of other employees on a multi-employer work site. Also, there were concerns that, due to the MECP, general contractors will experience an increase in civil suits for injuries sustained by their subcontractor's employees and there was a tremendous concern that safety professionals will be expected or encouraged to overlook their professional duty and passion to protect people. In addition, attendees were startled to learn that Owners, Engineers, Architects, Consultants, Subcontractors and Vendors can assume the role of the Controlling Employer via their workplace safety actions. These concerns are the critical factors of the importance of focusing our attention on the need for companies to develop an adequate, proactive, site specific safety program that addresses the safety of employees yet reduces a company's susceptibility to safety liabilities.
The purpose of this Proceedings Paper is to provide an overview of our presentation, "The Legal Implications of the Multi-Employer Policy for General Industry and Their Contractors," which introduces the Multi-Employer Citation Policy (MECP) and its implication on a multi-employer worksite. We will overview employer type definitions; the safety and legal implications; discuss how the safety, then the fall protection safety, for employees of a multi-employer work site can be improved, guidelines to illustrate how you and your team can work safer and smarter.
Employer recognition of their safety responsibility to identify the hazards - existing and foreseeable - they create and expose employees (their own and other employers) to on a work site;
Understand how multiple employers can be cited for a single violation;
Address how Owners, Designers, Consultants and Subcontractors, through their safety actions, can assume the role of Controlling Employer;
Establish safety boundaries without impacting the integrity of employee safety;
Identify corrective safety measures to reduce project safety and legal liabilities; and
Review how the MECP applies to fall protection on a multi-employer site.
The first step to follow the criteria of the MECP is to understand what constitutes a multi-employer work site-A multi-employer work site is when more than one entity - construction and non-construction, is performing work tasks that contribute to the finish of a joint project (all industry sectors apply).
The second step is to clearly understand the safety roles and responsibilities of each employer type; establish the appropriate safety protocol to follow, given your employer role; and thoroughly educate your company and team so the appropriate safety training is completed before project work begins.
