The construction industry is inherently collaborative, often involving multiple employers working side by side to complete a project. From general contractors to subcontractors, each party contributes to a shared goal—and with that comes shared responsibilities. One key regulation that addresses these shared responsibilities is OSHA’s Multiple Employer Citation Program (MECP). This program has been in effect nationwide since 1999, but its implications became particularly relevant in Texas as construction activity surged in the early 2000s. Understanding this program is crucial for every employer working on a construction site to ensure compliance and avoid penalties.
What Is OSHA’s Multiple Employer Citation Program?
The MECP allows OSHA (the Occupational Safety and Health Administration) to cite more than one employer at a job site for safety violations. This program recognizes that on multi-employer worksites, responsibility for safety is often shared among several entities.
Under the MECP, OSHA can classify employers into four categories:
Creating Employer: The entity that caused the hazardous condition.
Exposing Employer: The entity whose employees are exposed to the hazard.
Correcting Employer: The entity responsible for fixing the hazard.
Controlling Employer: The entity with general supervisory authority over the worksite.
An employer may fall into one or more of these categories, and each designation comes with specific responsibilities.
When Did MECP Take Effect in Texas?
While OSHA’s MECP officially became effective in 1999, its enforcement in Texas construction projects gained traction as the state’s building boom accelerated in the early 2000s. The program’s significance in Texas grew due to the state’s extensive construction activities, including infrastructure development, residential housing, and commercial projects. As a result, Texas employers have faced increased scrutiny under this program, particularly as large projects often involve dozens of subcontractors.
How Does MECP Affect Construction Projects?
Increased Accountability for General Contractors
General contractors often act as controlling employers, responsible for overseeing the entire worksite. Even if a general contractor’s own employees are not exposed to a hazard, they can still be cited if they fail to ensure that subcontractors comply with OSHA standards. For example, if a subcontractor’s employee is working at height without fall protection, the general contractor may be cited for failing to enforce fall protection requirements.
Subcontractors Are Not Exempt
Subcontractors may be cited as creating or exposing employers if they cause or fail to address a hazardous condition. For instance, a subcontractor installing scaffolding improperly could be cited as the creating employer, while another subcontractor whose employees use that scaffolding without addressing the hazard could be cited as the exposing employer.
Correcting Employers Are Held Responsible
If an employer is hired to correct hazards on a worksite, such as repairing defective equipment or addressing structural deficiencies, they are held accountable for ensuring those corrections are made promptly and effectively.
Potential for Multiple Citations
On a single project, multiple employers can be cited for the same hazard. For example, if a fall hazard is identified, the exposing, creating, controlling, and correcting employers could all receive citations based on their roles and responsibilities.
Common Types of Citations for General Contractors
General contractors (GCs) are frequently cited for hazards that affect their entire worksite.
Common citation scenarios include:
Fall Protection Violations: If subcontractors fail to use proper fall protection, GCs can be cited for failing to enforce OSHA standards.
Inadequate Training: A GC can be cited if workers on-site are not properly trained in hazard recognition or safety protocols.
Unaddressed Hazards: If a GC fails to ensure that hazards identified during inspections are promptly corrected, they may receive a citation as the controlling employer.
Improper Use of Equipment: For example, if scaffolding is improperly erected and the GC does not intervene to ensure corrections, they can be held accountable.
Lack of Communication: Failure to communicate hazards effectively to all employers on-site can result in citations for multiple parties, including the GC.
How Working with a Safety Consulting Company Can Help
Navigating the complexities of OSHA compliance can be daunting, especially on multi-employer worksites. Partnering with a safety consulting company, such as Costello Safety Consulting, can provide significant benefits to both general contractors and subcontractors.
Here’s how:
Proactive Risk Management: Costello Safety Consulting conducts thorough site inspections and identifies potential hazards before they result in citations or injuries.
Customized Training: Tailored safety training ensures that all employees, regardless of their employer, understand their responsibilities under OSHA standards.
Streamlined Communication: Costello Safety Consulting facilitates clear communication between all parties on a worksite, reducing misunderstandings and enhancing compliance.
Expert Guidance: With years of experience in the construction industry, the team at Costello Safety Consulting provides practical solutions to complex safety challenges.
Reduced Liability: By ensuring compliance and addressing hazards promptly, working with a safety consultant can minimize the risk of citations and costly legal battles.
Conclusion
OSHA’s Multiple Employer Citation Program highlights the importance of collaboration and shared responsibility in maintaining a safe construction site. For Texas’s booming construction industry, understanding and complying with this program is not just a regulatory requirement but a critical component of project success. By proactively addressing safety obligations and fostering a culture of accountability, employers can protect their workers and avoid costly citations.
For more information on OSHA’s MECP and compliance tips, visit the following resources:
OSHA’s Multi-Employer Citation Policy
OSHA Standards for the Construction Industry
OSHA’s Safety and Health Topics
By taking safety seriously and working together, employers can create safer construction sites while meeting their regulatory obligations under the MECP.
Call to Action
Don’t let OSHA compliance become a roadblock to your construction project’s success. Partner with Costello Safety Consulting to ensure your worksite is safe, compliant, and productive. Contact us today to learn more about our services or to schedule a consultation.
Together, we can build a safer future for your projects.