Multi-Employer Worksites

Protective clothing. Multi-employer worksites. Communication of the hazards. 

Multi-employer worksites should receive special attention, such as employment agencies, personnel services, home health services, independent contractors, and dentist and physicians in independent practice. The purpose of the regulation is to limit occupational exposure to blood and other potentially infectious materials, as any exposure can result in the transmission of bloodborne pathogens and can lead to disease or death. It covers all employees who can be reasonably anticipated, as the result of performing their job duties, to face contact with blood and other potentially infectious materials or body fluids. OSHA has not attempted to list all occupations where exposures could occur. Good Samaritan acts, such as assisting a co-worker with a nosebleed, would not be considered occupational exposure. 

C) On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials ... 

An employer at a multi-employer worksite who establishes a regulated area shall communicate the access restrictions and locations of these areas to all other employers with work operations at that worksite. 

An employer whose employees are exposed to MC at a multi-employer worksite shall notify the other employers with work operations at that site in accordance with the requirements of the Hazard Communication Standard, 29 CFR 1910.1200, 29 CFR 1915.1200, or 29 CFR 1926.59, as appropriate. 

Q. How does 29 CFR 1926.16 relate to construction multi-employer worksites ... 

A. The FOM (OSHA Field Operations Manual) states that, on multi-employer worksites, citations shall be issued to employers whose employees are exposed to hazards, unless such an employer meets all of the conditions for a legitimate defense. If an employed meets all the conditions for a legitimate defense, he or she will not be cited. In addition, if employees of more than one employer are exposed, citations will normally be issued to each of those employers, the employers responsible for correcting or ensuring the correction of the conditions, and/or the employer causing the conditions. If all employers on a worksite with employees exposed to a hazard meet the conditions for a legitimate defense, then the citation shall be issued to only the employers who are responsible for creating the hazard and/or who are in the best position to correct the hazard or to ensure its correction. 

B. No Changes in Employer Duties Multi-employer Worksite Policy... 

Background. OSHA s Field Inspection Reference Manual (FIRM) of September 26, 1994 (CPL 2.103), states at Chapter III, paragraph 6. C., the Agency s citation policy for multi-employer worksites. The Agency has determined that this policy needs clarification. This directive describes the revised policy. 

A. No Changes in Employer Duties. This revision neither imposes new duties on employers nor detracts from their existing duties under the OSH Act. Those duties continue to arise from the employers statutory duty to comply with OSHA standards and their duty to exercise reasonable diligence to determine whether violations of those standards exist. Multi-employer Worksite Policy. The following is the multi-employer citation policy ... 

Multi-employer Worksites. On multi-employer worksites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard. A two-step process must be followed in determining whether more than one employer is to be cited. 

Independent contractors that provide a service, such as a cleaning service, provide supervisory personnel, as well as rank-and-file workers to carry out the services. These companies and the host employers are responsible for complying with all provisions of the BBP standard according to OSHA s multi-employer worksite guidelines. 

Revised information regarding multi-employer worksites and outsourcing... 

MuM-employer workplace mearrs one where there is a host employer and at least one contract employer. Host employer means an employer who controls conditions at a multi-employer worksite. The host employer s responsibilities are to ... 

Multi-employer worksite means a workplace where there is a host employer and at least one contract employer. 

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