Using Contractors: A Not So Modern Dilemma. Heritage Group Safety. OUTLINE. Where did all this contractor liability come from? The importance of pre-qualifying contractors. What does OSHA think. The BIG liability question $$$$$$. . Where did it come from?.
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OSHA, later, applied this contractor liability into the
construction industry through Program Directives and
Standard Interpretations on Multi-Employer work sites.
There is no “standard” on contractor liability.
However, you can be cited and fined for Contractor
Violations if you are an Owner (Controlling Employer),
Creating Employer, Exposing Employer or Correcting
More importantly, as an owner or controlling contractor
you can be held financially liable for injuries to third parties.
The employer who is responsible, by contract or actual
practice, for safety and health conditions on the worksite.
The employer who has the authority for ensuring that the
hazardous conditions are corrected (the controlling employer).
The employer who has the responsibility for actually
correcting the hazard (the correcting employer)
Cawley’s Tater Flake Company hired Hightone Paints,
to do repair and painting. During the repair work,
Hightone removed a railing near a walkway, exposing
Hightone employees, Cawley’s Tater Flake employees
and customers to a 7 foot drop. Cawley’s Tater Flake
put up a sign, warning the customers of the hazard.
Who should be cited for the missing rail????
Both Hightone Paints and Cawley’s Tater Flake Co. Hazard Creating Employer:
Cawley’s Tater Flakes is the exposing employer.
Hightone also has employees exposed.
The warning sign is not sufficient to meet a legitimate
Ma/Pa Inc., contracted with Bumstead Plumbing Hazard Creating Employer:
to repair sewer pipes on their property. The contract
stated that Bumstead Plumbing was responsible for
all safety and health conditions related to the sewer
job. Bumstead Plumbing dug a trench and did not
provide protection against cave-ins for three of their
employees working in the trench.
Which Company(ies) receives the citation?
Bumstead receives the citation. Bumstead is the Hazard Creating Employer:
Since Ma/Pa had no employees exposed, did not
create the hazard, was not responsible for the safety
and health conditions related to the trench and did
not have responsibility for correction, they would
probably not receive a citation.
Host operates a factory. It contracts with Hazard Creating Employer:
Walton’s Service Co. to service. Host fails
to cover drums of a chemical after repeated
requests to do so. This results in airborne
concentrations of the chemical that exceed the
Permissible Exposure Level (PEL).
Which company receive the citation(s)?
Host is the creating employer because it caused Walton’s Hazard Creating Employer:
employees to be exposed to the air contaminant above the PEL.
Host failed to implement measures to prevent the accumulative air contaminant.
Cornhusker Inc. hired Dingy Tank Co. to clean two of their storage tanks. In the contract, Cornhusker Inc. maintains
responsibility for the safety and health conditions of the workplace. During the cleaning operations, three Dingy
employees are in the tank. Cornhusker has no confined space
Which company(ies) receive the citation(s)???
Who is the exposing employer? storage tanks. In the contract, Cornhusker Inc. maintains
Who is the controlling employer?
Who has the responsibility for safety?
Dingy Tank is the exposing employer.
Cornhusker is the controlling employer.
Both Dingy Tank and Cornhusker has responsibility to
maintain safety and correct deficiencies.
Therefore, both companies receive citations.