ABSTRACT

As early as 1971, occupational safety and health administration (OSHA) promulgated its multi-employer citation policy (MECP). The MECP defined different types of employers, such as creating, exposing, correcting, and controlling, and granted authority to OSHA inspectors to cite any or all of the different employers on a job site. Federal OSHA regulations only, apply to non-plan states. Thus, multi-employer worksite regulations did not affect employment in many states until legislatures acted. Some states, including California, have specific multi-employer worksite regulations. The main way a controlling employer gets its power to demand correction of safety and health hazards is through contract. An employer typically becomes a correcting employer when he is given the responsibility of installing or maintaining particular safety and health equipment or controls. Liability for OSHA citations for the creating employer flows from the general premise that employers must not create violations.