Each employer runs its own program
Every construction employer must start and maintain the programs needed to comply with OSHA's construction standards, including frequent and regular inspections by competent persons it designates.[1] Each subcontractor keeps that duty for its own crews and its own work.
The four roles in the multi-employer policy
On a site with several employers, OSHA can cite more than one of them for the same hazard, depending on its role:[2]
| Role | Who it is |
|---|---|
| Creating employer | Caused the hazardous condition |
| Exposing employer | Its own employees are exposed to the hazard |
| Correcting employer | Responsible for correcting it, for example by installing or maintaining safety equipment |
| Controlling employer | Has general supervisory authority over the site, by contract or in practice |
What the controlling employer owes
A controlling employer must exercise reasonable care to prevent and detect violations. OSHA says that duty is less than what an employer owes its own employees: it does not normally have to inspect as often, or know each trade's standards as well, as the employer it hired. How much is enough depends on factors such as the scale of the project and the nature and pace of the work.[2]
Whose log an injury goes on
For recordkeeping, the employer that supervises a worker day to day records the injury. With temporary, leased or contractor employees, the companies coordinate so each case is recorded once.[3]
Where a supplemental observer fits
A safety observer adds coverage and a written record to the controlling employer's reasonable-care effort. It does not move responsibility to the observer's company. NSC Enterprises writes its scope to keep it that way: observers watch, document and report, and your program, your methods and your authority stay in charge. See how we work and how GCs use supplemental safety staffing.
Sources
- [1]29 CFR 1926.20, General safety and health provisions. 1926.20(b)(1)-(2): the employer initiates and maintains the programs needed to comply, and they provide for frequent and regular inspections of the job sites, materials and equipment by competent persons the employer designates.
- [2]OSHA Directive CPL 02-00-124, Multi-Employer Citation Policy. Creating employer: caused the hazardous condition. Exposing employer: its own employees are exposed. Correcting employer: responsible for correcting the hazard, such as installing or maintaining safety equipment. Controlling employer: general supervisory authority over the worksite, by contract or in practice, and must exercise reasonable care to prevent and detect violations; that duty is less than an employer owes its own employees, so it need not inspect as often or have the same trade expertise.
- [3]29 CFR 1904.31, Covered employees (recordkeeping). An employer records injuries of employees on its payroll and of employees it supervises on a day-to-day basis. For temporary, leased or contractor employees, whoever provides day-to-day supervision records the case, and the companies coordinate so it is recorded only once.
Sources read 2026-11-02. General information, not legal advice; check the current rule and your contract.