OSHA Multi-Employer Citation Policy Expert Witness and Consulting Expert Services

Few OSHA policies are more misunderstood—or more frequently disputed—than OSHA’s Multi-Employer Citation Policy. Construction projects, industrial shutdowns, maintenance activities, and contractor operations often involve multiple employers working simultaneously at a single location. Determining which employers may be responsible for workplace hazards can become a critical issue in OSHA litigation and workplace injury cases.

Curtis Chambers, MS-OSH, CSP provides expert witness and consulting expert services involving OSHA’s Multi-Employer Citation Policy, including analysis of employer responsibilities, contractor relationships, hazard control obligations, and OSHA enforcement actions.

With more than 40 years of occupational safety and health experience, Mr. Chambers has extensive experience evaluating OSHA compliance issues involving general contractors, subcontractors, host employers, staffing agencies, maintenance contractors, and multi-employer worksites.

If you would like to discuss a case, request a curriculum vitae (CV), or obtain a fee schedule, please click the button below. 

Understanding OSHA’s Multi-Employer Citation Policy

Under OSHA’s Multi-Employer Citation Policy (CPL 02-00-124), more than one employer may be cited for the same hazardous condition.

The policy identifies four categories of employers:

• Creating Employer
• Exposing Employer
• Correcting Employer
• Controlling Employer

Determining which category applies—and whether OSHA or an opposing expert properly classified an employer—is often a central issue in litigation and enforcement proceedings.

When the Policy Applies

The policy is most frequently encountered in:

• Construction projects
• Industrial maintenance activities
• Plant shutdowns and turnarounds
• Refinery operations
• Utility construction projects
• Manufacturing facilities using contractors
• Warehousing and distribution operations
• Staffing agency relationships
• Multi-contractor worksites

Many cases involve disputes regarding who created a hazard, who had authority to correct it, and whether a controlling employer exercised reasonable care.

When the Policy May Not Apply

A common misconception is that every employer at a worksite automatically shares responsibility for every hazard.

In reality, OSHA’s policy contains important limitations and exceptions. Proper analysis often requires evaluation of:

• Contractual responsibilities
• Actual worksite authority
• Hazard recognition
• Ability to correct hazards
• Reasonable care obligations
• Employee exposure
• Control over the work being performed
• Host employer versus contractor responsibilities

A thorough understanding of OSHA’s directives, interpretation letters, Review Commission decisions, and court rulings is often necessary to determine whether or not OSHA’s enforcement position is supported by the facts.

Common Litigation Issues

Cases frequently involve allegations of violating the OSHA multi-employer worksite citation policy include, but are not limited to:

• Fall protection violations
• Excavation and trenching hazards
• Scaffold safety
• Electrical hazards
• Lockout/tagout violations
• Crane operations
• Confined space entry operations
• Contractor oversight
• Safety inspections
• Hazard correction responsibilities
• Competent person requirements

Many disputes center on whether an employer had sufficient knowledge, authority, or control to justify citation under OSHA’s policy.

OSHA Directives, Interpretations, and Enforcement Guidance for Multi-employer Worksites

Evaluation of multi-employer liability issues often requires more than simply reviewing OSHA regulations.

Mr. Chambers routinely evaluates:

• OSHA Multi-Employer Citation Policy (CPL 02-00-124)
• OSHA Letters of Interpretation
• OSHA Compliance Directives
• OSHA Field Operations Manual guidance
• Occupational Safety and Health Review Commission decisions
• Federal court decisions
• Industry standards and accepted safety practices
• Misapplication of the General Duty Clause as basis for citations to certain employer classifications

These materials frequently play an important role in determining whether OSHA’s application of the policy is appropriate under the circumstances.

Qualifications and Experience of Curtis Chambers, OSHA Expert Witness and Consulting Expert

Curtis Chambers, MS-OSH, CSP possesses more than four decades of occupational safety and health experience.

Professional experience includes:

• Owner of OSHA training and consulting companies
• Corporate Safety Director for a Fortune 500 company
• Safety Officer for a State OSHA Consultation Program
• Vice President of Operations for a structural steel fabrication and construction company
• Employee Safety Coordinator for a major municipality
• VP of Operations (including safety) for Steel fabrication and erection company

Education and Credentials

• Master of Science in Occupational Safety and Health (MS-OSH)
• Certified Safety Professional (CSP) since 1993
• OSHA Authorized Outreach Trainer

The Certified Safety Professional (CSP) designation is the most widely recognized credential in the occupational safety and health profession and reflects substantial education, professional experience, examination, and continuing professional development requirements.

Request a CV or Fee Schedule

If you are seeking an OSHA expert witness or consulting expert involving OSHA’s Multi-Employer Citation Policy, contractor liability issues, construction safety, industrial operations, or OSHA enforcement actions, please contact Curtis Chambers, MS-OSH, CSP.

Need OSHA Guidance Without Retaining an Expert Witness?

Not every OSHA issue requires formal expert witness services.

For attorneys, employers, safety professionals, and organizations seeking practical OSHA compliance guidance, Curtis Chambers, MS-OSH, CSP offers professional OSHA consulting and advice by Zoom (or telephone).

Whether you have questions regarding OSHA citations, workplace safety programs, accident investigations, employee training requirements, or other compliance concerns, expert assistance is available in convenient scheduled sessions.

Click Here to Learn More About Our OSHA Compliance Consulting & Advice by Zoom Services.