The Legal Implications of the Multi-Employer Policy for General Industry and Their Contractors

摘要

Is OSHA's Multi-Employer Citation Policy, an imposition or advancement in how multiple companies on a project site identify and implement adequate safety for the employees, consultants, vendors and business invitees on a project site? The primary concern voiced during our presentation at the 2005 ASSE Conference was that the OSHA Multi-Employer Citation Policy (MECP) places constraints on employers that make them cautious to become involved in the safety of other employees on a multi-employer work site. Also, there were concerns that, due to the MECP, general contractors will experience an increase in civil suits for injuries sustained by their subcontractor's employees and there was a tremendous concern that safety professionals will be expected or encouraged to overlook their professional duty and passion to protect people. In addition, attendees were startled to learn that Owners, Engineers, Architects, Consultants, Subcontractors and Vendors can assume the role of the Controlling Employer via their workplace safety actions. These concerns are the critical factors of the importance of focusing our attention on the need for companies to develop an adequate, proactive, site specific safety program that addresses the safety of employees yet reduces a company's susceptibility to safety liabilities. The purpose of this Proceedings Paper is to provide an overview of our presentation, "The Legal Implications of the Multi-Employer Policy for General Industry and Their Contractors," which introduces the Multi-Employer Citation Policy (MECP) and its implication on a multi-employer worksite. We will overview employer type definitions; the safety and legal implications; discuss how the safety, then the fall protection safety, for employees of a multi-employer work site can be improved, guidelines to illustrate how you and your team can work safer and smarter.