Oppose OSHA's Efforts to Create Multi-Employer Liability
- The "multi-employer doctrine" would make employers responsible for the safety and health of employees of subcontractors, specialty contracts, and suppliers on job sites. The multi-employer doctrine holds a general contractor liable for a work site hazard even if the general contractor did not create the hazard, had no knowledge of the hazard, and had none his/her employees threatened by the hazard. The genesis of the doctrine in the construction industry began when OSHA focused on the issue of having numerous employers work in the same area and where hazards created by one employer endanger others.
- Oppose Efforts by OSHA to Create or Increase Multi-Employer Liability Through Regulation. The employer with the direct ability to hire and fire workers should be the primary enforcer of workplace safety rules and regulations. The OSH Act clearly holds an employer directly responsible. The OSH Act states, "(A) Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards."
- The Multi-Employer Doctrine is Contrary to the Direct Responsibility Outlined in the OSH Act. The OSH Act holds employers responsible for the hazard that they create, or for the hazard they know about, or for the hazard that impacts their employees.
- General Contractors Can Not Control Employees of Other Employers. In the construction industry subcontractors work in the same general area of other employers and must be accountable for their own actions by their own employer.