National Roofing Legal Resource Center

Contract provision addressing controlling employer liability on a multiemployer worksite

With construction booming, many roofing contractors find themselves struggling to provide enough labor at each project. As a result, more roofing contractors are engaging subcontractors to help with the current workload. However, subcontracting work to a subcontractor does not absolve the roofing contractor of responsibility for safety under the Occupational Safety and Health Administration, even when all the work is performed by a subcontractor. OSHA can issue a citation to the controlling employer, correcting employer and creating employer, in addition to the exposing employer. To avoid controlling employer liability when engaging subcontractors, roofing contractors need to act reasonably to prevent, detect and abate subcontractor OSHA violations. Following the terms of this contract provision establishes a defense to an OSHA citation issued to the roofing contractor as the controlling employer.

Controlling employer liability on a multiemployer worksite: Subcontractor shall at all times perform all work in accordance with current regulations of the Occupational Health and Safety Administration and, where applicable, the Environmental Protection Agency and state agencies where requirements extend to the work performed by subcontractor. Subcontractor shall be responsible for any citations, fines and penalties if OSHA regulations or other regulations are violated and to take the steps necessary, at subcontractor's expense, to maintain compliance with all applicable regulations. Subcontractor shall take all necessary safety precautions with respect to his work, comply with all safety measures initiated by others on the job and comply with all applicable laws, ordinances, rules, regulations and orders of any public authority.

To maintain compliance with the foregoing, contractor maintains a non-compliance program that includes all subcontractors working on the project. This program is established to promote safety and discipline offenders, which may lead to subcontractor dismissal and/or contract termination. Contractor has the sole authority to determine what type of disciplinary action is utilized, up to and including removal from the project. Contractor may implement monetary penalties for safety violations. At contractor’s discretion, a fine of $100 will be deducted from subcontractor’s subcontract for each violation. Any monetary penalties will result in a deductive change order to the subcontract.


8/20/2019



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