ARTICLE
22 August 2019

Do You Have My Back? Safety Considerations For Multiemployer Worksites

FL
Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
You and the person who offices next to you, or the person with whom you just shared a story in the break room, may not share the same employer.
United States Employment and HR

You and the person who offices next to you, or the person with whom you just shared a story in the break room, may not share the same employer. Some worksites contain a mix of workers that includes traditional employees, temporary workers placed by staffing agencies, and workers employed by contractors or subcontractors. These multiemployer worksites raise a host of issues, including worksite safety training.

Specifically, the Occupational Safety and Health Administration’s (OSHA) Multi-Employer Worksite Doctrine allows the agency to cite several employers for an alleged violation at the same worksite. Likewise, in a number of cases, workers who suffer injury at a job site have filed suit against the operator of the site, even if the injured party was employed by a contractor or subcontractor.

Therefore, regardless of who employs a particular worker, it is important that each worker know and understand how his/her work and safety activities can affect the safety of other employers and workers at the worksite. 

According to OSHA, the key to boosting safety at multiemployer worksites is effective communication and coordination among all employers and workers. At a minimum, effective communication and coordination among employers means that, before beginning work at a site, contractors, staffing agencies and their workers are made aware of:

  • the types of hazards that may be present at the worksite;
  • the procedures or measures they need to use to avoid or control their exposure to these hazards; and
  • how to contact the host employer to report an injury, illness, or incident or if they have a safety concern.

Additionally, host employers and their workers must be aware of:

  • the types of hazards that may arise from the work being done on-site by workers employed by contractors or staffing agencies;
  • the procedures or measures needed to avoid or control exposure to these hazards;
  • how to contact the contract or staffing firm if they have a safety concern; and
  • what to do in case of an emergency.

There are benefits to a multiemployer worksite, including flexibility and access to specialized skill sets. However, multiemployer worksites should ensure that all employers and workers are appropriately informed and trained so that all workers are protected against worksite hazards.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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