No 6. But No One Was There? OSHA Can Still Cite for Unsafe Work Conditions Where Workers Were Not Exposed
We often hear, “OSHA can’t cite me because I didn’t employ the injured worker.” Unfortunately, this statement is often untrue. Under OSHA’s Multi-Employer Doctrine, if you are an employer on a worksite where other companies are also performing work (e.g., construction sites and oil/gas well sites), you can be subject to citation for workplace hazards to which other companies’ employees are exposed . OSHA created the Multi-Employer Doctrine in recognition that there are many circumstances in which multiple employers will be working on a single worksite at the same time thereby affecting the working conditions to which all workers are exposed. The Multi-Employer Doctrine identifies four categories of employers potentially citable for a hazardous condition: Creating Employer: Employer that caused a hazardous condition that violates an OSHA standard. Exposing Employer: Employer whose own employees are exposed to the hazard. Correcting Employer : Employer who i s engaged in a common unde...