Document xzN2joaKkV6wR7xXeDBvM3o2g
(conoco)
Interoffice Communication
To Safety Directors From Tom Grumbles ate October 29, 1981 Subject OSHA MULTI-EMPLOYER WORKSITE POLICY
For your information, enclosed is the current OSHA citation policy for multi-employer worksites. It is expected to be effective November 1. While not answering all of our questions on contractor policies it does at least give us guidance on how OSHA will cite. The legal department is still considering the remaining questions of contractor education and supplying of personnal protective equipment to contractors.
Thomas G. Grumbles ajo Enclosure
OSHA Instruction CPL Office of Compliance Programming
correction (the controlling employer). This would normally not be done, however, unless all exposing employers met the conditions of the defense.
4. The controlling employer may be cited even though no employees of that employer are exposed to the violative condition. For general duty clause violations, however, only the employer(s) whose own employees are exposed to the violation may be cited.
5. In some situations it may be difficult, on the basis of the facts available during an inspection, to determine whether the exposing employer(s) meet the tests outlined above and, therefore, whether or not they are exempt from a citation. In such situations, the Area Director, in appropriate circumstances and after consulting with the Regional Administrator, may issue citations to both the exposing employer(s) and the controlling employer(s) Moreover, in rare instances, the Area Director, after consulting with the Regional Administrator, may issue citations to the controlling employer in addition to or instead of the exposing employer if in his/her judgment the circumstances in a particu lar case are such that the citations would lead to more effective abatement of the hazard(s).
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Thorne G. Auchter Assistant Secretary
Distribution:
National, Regional, and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors
CCR 00000175 4