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Bob Layman's Safety Blog

Bob Layman's Safety Blog

Multi-Employer Citations

by Robert and Rachel Layman on 03/07/16

On multi-employer worksites (in all industry sectors), more
than one employer may be citable for a hazardous condition
that violates an OSHA standard! A two-step process must be
followed in determining whether more than one employer is
to be cited.

Step One. The first step is to determine whether the employer
is a creating, exposing, correcting, or controlling employer.
An employer may have multiple roles. Once the role of the
employer is determined, we need to go to Step Two to
determine if a citation is appropriate. (Note: Only exposing
employers can be cited for General Duty Clause violations.)

Step Two. If the employer falls into one of these categories, it
has obligations with respect to OSHA requirements. Step Two
is to determine if the employer's actions were sufficient to
meet those obligations. The extent of the actions required by
employers varies based on which category applies. (Note: 
the extent of the measures that a controlling employer must
take to satisfy its duty to exercise reasonable care to prevent
and detect violations is less than what is required of an
employer with respect to protecting its own employees.)

The Exposing Employer - Definition: An employer whose
own employees are exposed to the hazard. On multi-employer
worksites, both construction and non-construction, citations
normally shall be issued to employers whose employees are
exposed to hazards (the exposing employer).

The Correcting Employer - Definition: An employer who is
engaged in a common undertaking, on the same worksite, as
the exposing employer and is responsible for correcting a
hazard. This usually occurs where an employer is given the
responsibility of installing and/or maintaining particular
safety/health equipment or devices. Actions to be Taken:
The correcting employer must exercise reasonable care in
preventing and discovering violations and meet its obligations
of correcting the hazard.

The Controlling Employer - Definition: An employer who
has general supervisory authority over the worksite, including
the power to correct safety and health violations itself or
require others to correct them. Control can be established by
contract or, in the absence of explicit contractual provisions,
by the exercise of control in practice. Multiple Roles - A
creating, correcting or controlling employer will often also be
an exposing employer.

For OSHA Compliance and Florida OSHA Training please contact us for a free no obligation consultation. 

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New Hires - New Workers

by Robert and Rachel Layman on 02/11/16

Working safely is a team effort. You look out for other workers and they look out for you. Taking responsibility for others is especially important when it comes to new and young workers. They need you to keep an eye on them and remind them how to work safely. 

Think about your workplace from the new worker's point of view for a moment. Remember your own first day on the job? You'll see a busy place full of strange equipment, unfamiliar chemicals and complicated tasks. Everyone else seems to know what they are doing. More than anything, you just want to fit in with the rest of the crew and look like you know what you are doing. 

Help the new worker settle in safely by following these points: 

  • Help the new worker get equipped, fitted and trained with the appropriate protective clothing PPE and equipment for the task at hand. 
  • Show your new co-worker the labels & SDS for any chemicals you are dealing with. Help them understand how to read them and what PPE is necessary for their safety. 
  • Make sure the new worker knows what to do in case of an emergency such as a fire. Does he or she know two exits from the workplace, and where to assemble in or outside? 
  • Point out the location of fire extinguishers, alarm boxes and other emergency equipment. 
  • Communicate the importance of leaving machine guards in place to prevent accidental contact with equipment. 
  • Show them where to obtain safety materials, operator’s manuals, and instructions for equipment or machines. 
  • Make sure the new employee knows who to talk to about any safety concerns or questions. 
  • Make sure the new employee/workers understand who to & when to report accidents or incidents. 
  • If you see the new person or any worker doing something unsafe, speak up. It's not interfering; it's looking out for the other worker. 

Your advice to the new co-worker/employee is not a replacement for proper safety orientation, training and supervision. However, you can help make sure he or she picks up the information necessary to work safely.