Rethinking OSHA liability on multi-employer jobsites

By Jesse Sanchez. 

Stay informed on construction safety policy developments shaping contractor responsibility nationwide. 

If you work on complex construction projects, shared worksites are routine and regulatory clarity matters. For organizations like the Utah Roofing Contractors Association (URCA), which represents contractors operating in multi-employer environments, understanding OSHA enforcement is critical. A recent white paper from the National Construction Policy Institute examines how OSHA’s multi-employer citation doctrine affects contractors alongside other trades. 

Here is a breakdown of the key findings and proposals outlined in Rethinking OSHA’s Multi-Employer Citation Doctrine, authored by Trent Cotney and featured in a recent Cotney Brief. 

1 – How the doctrine evolved 

Under current enforcement by Occupational Safety and Health Administration, citations may be issued to employers who neither created nor directly exposed workers to hazards. The paper traces how this approach developed through court and agency decisions and explains how uneven application has distorted contractor relationships, inflated insurance costs and introduced tension among project participants trying to coordinate safety responsibly. 

What this means for contractors: Uncertainty over liability can discourage proactive safety involvement and complicate coordination on multi-employer jobsites. 

2 – The core reform principle 

According to the brief, “The goal is straightforward: promote safety through collaboration, not confusion. By aligning accountability with actual control, contractors can focus on preventing injuries instead of defending against arbitrary citations.” That focus drives proposed reforms that preserve accountability while aligning responsibility with actual jobsite control rather than mere presence. 

What this means for contractors: Responsibility would better reflect who can realistically identify and correct hazards. 

3 – Safe harbors and graduated citations 

The proposal outlines safe-harbor protections that allow general contractors to provide training, PPE and safety technologies without automatically becoming controlling employers. Graduated citation levels would reflect an employer’s true ability to address hazards, while data-driven safety partnerships would reward documented cooperation and continuous improvement. 

What this means for contractors: Investing in safety support would be encouraged, not penalized. 

4 – Pathways for implementation 

Near-term OSHA rulemaking under Part 1926 could clarify enforcement expectations. Longer-term legislative action could harmonize state plan programs, codify fair standards and embed due process protections. 

What this means for contractors: Clearer rules would support safer jobsites and more predictable compliance outcomes. 

Read Trent's full Cotney Brief and check out his other briefs online!