Worksite Policy

This multiemployer worksite doctrine first arose in the construction industry, where the presence of numerous contractors and subcontractors on one site sometimes made it difficult to determine who was responsible for safety violations. In response to this problem, OSHA established a rule that basically imposed responsibility on any employer who had control of the site. The rule has been and continues to be challenged in courts across the country, and recent rulings tend to support individual employer-employee responsibility. 

Safety professionals need to analyze and define contractor safety requirements. Contractors are being used extensively on- and off-site by a large number of companies. There are some facilities that provide safety direction and supervision to contractors, while others provide little or no safety direction and/or supervision. Actions of contractors 

The legal relationships presented by associations of these groups remain complex. Questions continually arise over responsibility and process ownership. If an employee creates a hazard while working with others, who is responsible What if the other employers ignore the hazard and continue to work or even contribute to the situation How does a compliance safety and health officer (CSHO) handle the audit and/or citation Multiemployer worksites can be complicated by these differing work relationships. 

Early in the development of the multiemployer doctrine, OSHA s attempt to clarify issues was the usual one-standard-fits-all approach. The Williams-Steiger Occupational Safety and Health Act of 1970 requires employers to provide their employees a safe workplace. In fact, the original multiemployer doctrine is entirely based on the following standard quotation  

OSHA sees these two statements as imposing two distinct duties. First, (a)(1) requires employers to protect their own employees from hazards in the workplace. The employer s duty under (a)(1) owes only to its employees, as indicated by the language requiring a hazard-free workplace for his employees Second, (a)(2) requires employers to comply with the Act s safety standards. Unlike (a)(1), it does not limit its compliance directives to the employer s own employees, but requires employers to implement the Act s safety standards for the benefit of all employees in a given workplace, even employees of another employer. OSHA issues citations based on the 

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Safety professionals should be aware that under the OSHA multiemployer worksite policy, more than one employer can be cited for alleged violations on a worksite. Specifically, the OSHA compliance inspector is instructed to conduct a two-step analysis to determine whether more than one employer can be cited for an alleged violation. The two-step process includes ... 

List the components of a company s effective multiemployer worksite policy... 

Management must state clearly a worksite policy on safe and healthful work and working conditions, so that all personnel with responsibility at the site, and personnel at other locations with responsibility for the site, understand the priority of safety and health protection in relation to other organizational values. 

Is there a worksite policy on safe and healthful working conditions If there is a written policy, does it clearly declare the priority of worker safety and health over other organizational values, such as production When asked, can employees at all levels express the worksite policy on worker safety and health If the policy is written, can hourly employees tell you where they have seen it Can employees at all levels explain the priority of worker safety and health over other organizational values, as the policy intends ... 

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

Worksite Policy on Safe and Healthful Working Conditions Documentation... 

When asked, can employees at all levels express the worksite policy on worker safety and health ... 

Occasionally, employees may be required to perform nonroutine tasks. Prior to starting work, each employee will be given information about the hazards of the area or procedure. This information will include (1) specific chemical hazards, (2) protection/safety measures the employee can take to lessen risks of performing the task, and (3) measures the company has taken to eliminate or control the hazard. It is the policy of this worksite that no employee will begin performance of a nonroutine task without first receiving appropriate safety and health training. Hazardous nonroutine tasks we have at our facility include the following (list hazardous nonroutine tasks)... 

There are no specific training requirements for dealing with worksite violence. However, you are required to provide a safe work-place for your employees. If you have a company worksite violence policy and procedures program you will want to cover that druing this toolbox talk. 

Explain to your trainees what they should do if they encounter worksite violence. Cover your company worksite violence policy and procedures program if you have one. 

Many construction companies have personnel policies that address the issue of threats or worksite violence. Make sure that you are aware of these policies and who to contact if you are the object of a threat. If you are a member of a labor union there are probably specific procedures you need to follow to file a grievance against someone who is or has threatened you. 

What if your company doesn t have any policies in place for dealing with threats or worksite violence What should you do if you are threatened on the jobsite Report the incident immediately to your jobsite supervisor or other safety person. 

An employer who has general supervisory authority over the worksite. Including the power to correct safety and health violations itself or require others to correct them, can be said to have control. Control can be established by contract, or in the absence of explicit contractual provisions, by the exercise of control in practice. The courts accepted this interpretation in one form or another. (See Marshall V. Knutson Construction Co. [8th Cir., 1977], or Brennan v. OSHRC, [2nd Cir., 1975] for more information on this.) Eventually, OSHA s policy evolved to also provide for the citing of correcting and creating employers as well. 

The multiemployer directive, CPL 2-0.124 (11/99), is a result of court opinions recognizing individual company and employee behavior on multiemployer worksites (e.g., Silberman, IBP, Inc. v. Herman [DC Cir., 1998]). This revision continues OSHA s existing policy for... 

Worksite analysis involves a variety of worksite examinations, to identify not only existing hazards but also conditions and operations in which changes might occur to create hazards. Lack of awareness of a hazard, stemming from failure to examine the worksite, is a sign that safety and health policies and/or practices are ineffective. Effective management actively analyzes the work and worksite, to anticipate and prevent harmful occurrences. This requires periodic examination of the workplace through inspections, audits, and the application of other safety tools such as the job safety analysis. 

The extent to which the program is described in writing is less important than how effective it is in practice. As the size of a worksite or the complexity of a hazardous operation increases, however, the need for written guidance increases to ensure clear communications of policies and priorities and consistent and fair application of rules. 

Company Safety and Health Program and Policy The worksite/jobsite and the employee s role within it Hazard communication requirements Emergency procedures... 

VPP Site Worksheet. Appendix E, Section C, Comprehensive Safety and Health Management System Requirements. In CSP 03-01-002-TED 8.4—Voluntary Protection Programs (VPP) Policies and Procedures Manual, Chapter in. Requirements for Star, Merit, Resident Contractor, Construction Industry, and Federal Agency Worksites. http //www.osha.gov/pls/oshaweb/owadisp.show document p table= DIRECTIVES p id=2976. 

The written PPE program should include policy statements, procedures, and guidelines. Copies should be made available to all employees, and a reference copy should be made available at the worksite. Technical data on equipment, maintenance manuals, relevant regulations, and other essential information should also be collected and maintained. 

Establish a policy to make sure that the worksite stays in compliance with all applicable regulatory requirements and best management practices Provide a safe work environment and working conditions for ah employees Provide the leadership and resources to accomplish safety policies and procedures... 

Management demonstrates no policy, goals, objectives, or interest in safety and health issnes at this worksite. 

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. 

State clearly a worksite safety and health policy. 

Modes of indirect communication may involve safety and health suggestion boxes and electronic mail systems. Unrestricted and functional communication systems can therefore significantly contribnte to the promotion of greater anployee input, feedback, and education about worksite mechanisms, policies and procedures, and employee safety and health protection by incorporating a flow of information aimed at correcting hazards and identifying the concerns of everyone. 

Remember that flexibility can be exercised in choosing or designing a reporting system that will work effectively for individual worksites. A policy should exist within your worksite that explicitly encourages employees to report all hazards and other safety and health concerns. 

Clear worksite safety and health policy 5 We have a safety and health policy and all employees accept it, can explain it, and understand it... 

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