OSHA's Multi-Employer Worksite Doctrine Update: Civil and Criminal Liability

摘要

Multi-employer worksites have long complicated labor and employment law compliance, raising difficult questions as to which company constitutes an employee's "employer" for purposes of federal and state law. The NLRB has taken a rigorous approach, targeting multi-employer worksites and finding alleged "joint employers" liable for labor law violations. The federal Occupational Health and Safety Administration (OSHA) is even more aggressive. For years, OSHA has advanced a policy at worksites, particularly construction sites, under which it can cite direct employers, general contractors, consultants and temporary employers for a single safety or health violation. We can expect OSHA to focus this special enforcement agenda at multi-employer worksites, targeting temporary employees and subcontractors. Because of new regulations, employers on multi-employer worksites face increased fines, costly abatement responsibilities and potential criminal liability.