Do You Have My Back? Safety Considerations for Multiemployer Worksites

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.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.