When a company is contracted to provide a service at a multiple employer worksite, is more than one employer responsible for ensuring that the company is compliant with all relevant OHS Regulations and ultimately, the safety of the contracted workers?
Contracting is common, yet this is a question that receives little attention and employers run the risk of finding themselves on the wrong side of OSHA safety inspectors as a result. Health and safety compliancy is a shared responsibility. Contractors are utilized by numerous industries and are deployed to a myriad of worksites. There is one health and safety constant; the employer is responsible for the safety of all workers on a worksite. The term “employer” refers not only the owner of the security company, but in the case of a “multi-employer worksite”, may also include the owner of the property and the contractor responsible for overseeing the worksite.
The employer is often thought to be the one who pays the security worker. In a health and safety context this may not be so. The following OHSA directive explains where responsibilities lie in multi-employer worksites.
Multi-employer worksites (in all industry sectors), may cite more than one employer for a hazardous condition that violates an OSHA standard. Industry sectors that contract for security services include, but are not limited to: construction sites, retail malls, schools, special events and government operations, to name a few.
According to OSHA’s Multiple-Employer Citation Policy, there is a two-step process that must be followed in determining whether more than one employer is to be cited:
OSHA directive number: CPL02 2-0.124 Multi-employer Citation Policy