Multi Employer Relationships on the Job Site
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Bob Emmerich
Safe - Con
Presented at
the Construction Safety Council annual Conference, Hillside, Illinois,
February 2001
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Contractor Liabilities
- The entity responsible
for overall site coordination, scheduling, etc. (Controlling Contractor)
may be held liable for citation under OSHA.
- In the event of
an accident multiple contractors may be held liable in Tort Liability
case.
Site Safety Issues
- Overall site safety
issues are the responsibility of the Controlling Contractor.
- If the CC
assigns responsibilities to other contractors they must still exercise
some level of control.
- The CC
may ultimately be held accountable in the event of an accident.
Safety in Contracts
- Requirements to
comply with all safety regulations should be in the contract.
- Safety requirements
more stringent than OSHA Standards, should be identified in the construction
documents.
- Contract should
include a discipline clause and even a termination clause for noncompliance
with safety.
Pre-Job Safety
Planning
- Know who each
contractors safety representative is and communicate with them.
- Establish responsibilities
for primary safety issues.
- Include safety
in pre-construction and progress meetings
- Establish requirements
for regular safety meetings
Responsibilities
of the Controlling Contractor
- Promote safety
cooperation.
- Assure overall
safety of the site.
- Assure each contractor
has MSDSs.
- Conduct safety
audits.
- Assist in investigations
of accidents.
- Advise contractors
of unsafe practices.
- Discipline contractors
if necessary.
- Protect the public.
Responsibilities
of Individual Contractors
- Maintain their
own safety & housekeeping
- Maintain Hazcom
& MSDSs
- Provide trained
and safe employees.
- Follow site safety
requirements.
- Restore protections
they remove.
- Advise CC
of unsafe conditions.
- Advise CC
of any accident.
Types of Responsibilities
- Overall Safety
Issues
- Safety issues
that affect employees of multiple contractors
- Individual Issues
- Safety issues
that affect only employees of that contractor.
Site Utilities
- OVERALL
- Emergency numbers
and directions posted.
All utilities located and marked.
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Overhead power lines addressed |
Working Around Overhead Power
Site Security - OVERALL
- Site fencing set
- Site lighting
Traffic controls
for major equipment and material deliveries
Lifting
INDIVIDUAL
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OVERALL
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Excavations
Temporary Electrical
Open Outlets
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Temporary
Boxes
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INDIVIDUAL
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OVERALL
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Framing, Steel & Masonry
Perimeter Protection
Hole Protection
OVERALL
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Ladder Usage
Scaffolds
Roofing Work
INDIVIDUAL
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Power Tools
Housekeeping
OVERALL
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INDIVIDUAL
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Fire Protection
OVERALL
& INDIVIDUAL
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Ybor City construction fire
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Competent Persons
- Needed for many
activities
- Should be supplied
by contractor doing the work.
- CC
has an obligation to assure that a competent person is overseeing safety
of specific work activities.
Accidents to the
Public
- People struck
by falling objects.
- Pedestrians hit
by equipment or trucks.
- Unauthorized people,
such as children, getting into construction sites.
Protect the Public
- Separate the public
and construction.
- Maintain site
fences.
- Provide traffic
control when needed.
- Utilize canopies
over public sidewalks and screens or nets around work areas.
- Set barricades
and warning signs.
Safety Enforcement
- The CC
should enforce subcontractors safety violations.
- When violations
are noted, the offending contractor should be notified in writing.
- If, after due
diligence, the offending contractor refuses to comply, they should be
removed.
Multi-employer
Policy
- OSHA may cite
Controlling Contractors for violations not created by the
Controlling Contractor.
- Other employers
may also be cited, whether or not their own employees are exposed.
OSHA May Cite
If:
- Employees are
exposed to a hazard.
- They created the
hazard.
- They had the responsibility
or the authority to correct the hazard.
- They knew of a
hazard and did not inform others.
The Controlling
Employer
- The employer who
is responsible, by contract or through actual practice, for safety and
health conditions on the worksite.
The Creating Employer
- The employer who
actually creates the hazard.
- IE. The contractor
who took the guardrails down and did not protect the hazard.
The Exposing Employer
- The employer whose
employees are exposed to the hazard.
- IE. The contractor
whose employees were exposed to a fall as a result of the guardrails
being down.
The Correcting
Employer
- The employer who
has the responsibility for actually correcting the hazard
- IE. The contractor
who had responsibility to maintain the guardrails.
Multiple Roles
- The same contractor
may perform multiple rolls.
- IE. The GC
is controlling, they have the responsibility to maintain the guardrails
and they did not either do it or assure that it was done.
Defense of M/E
Citations
- Prove that even
with due diligence, you were unaware of the hazard.
- Show that you
have informed the offending employer of the hazard, that you expect
it corrected and that you have followed up on your request.
- Show that you
protected your employees until the hazard was corrected.
Defense of Civil
Liability
- All of the above.
- Confirm that subs
have W/C insurance.
- Qualify subs for
safety.
- Consider indemnification
clauses in contracts.
- Remove unsafe
employees.
This paper appears in the eLCOSH website with the permission of the author
and/or copyright holder and may not be reproduced without their consent.
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