Understanding OSHA’s Multi-Employer Worksite Doctrine and the Unforeseeable Employee Misconduct Defense
With construction booming, many subcontractors find themselves struggling to provide enough labor at each project. As a result, more and more subcontractors are engaging second tier subcontractors to help with the current work load. Subcontracting work to a subcontractor, however, does not absolve the first tier subcontractor of responsibility for safety under OSHA, even in a situation where all of the work is performed by a subcontractor. OSHA can issue a citation to the controlling employer, the correcting employer, and the creating employer, in addition to the exposing employer. We will discuss OSHA’s multi-employer worksite doctrine, and we will also be sure to discuss the duties required of each type of employer on a multi-employer worksite. We will also address the unforeseeable employee misconduct defense to an OSHA citation, for when the subcontractor is cited as the exposing employer.
Philip J. Siegel, Esq., is a partner and shareholder with the firm of Hendrick, Phillips,
Salzman & Siegel. Philip attended the University of Michigan in Ann Arbor, Michigan
graduating with distinction from the School of Business Administration where he earned
his B.B.A. Mr. Siegel received his law degree from Emory University School of Law.
He worked in the public accounting industry as a state and local tax consultant for two
years prior to commencing his career as a construction litigation and labor/employment
Mr. Siegel’s practice focuses primarily in the areas of labor/employment law, including
defense of OSHA citations, immigration compliance assistance, Davis-Bacon Act
consulting, contract consulting, and construction litigation, including representation of
general contractors, subcontractors and suppliers, all on a national basis.
Mr. Siegel has written a number of articles concerning labor and employment issues
affecting the construction industry. Mr. Siegel has also lectured on construction topics to
a wide range of groups, including seminars sponsored by the Insulation Contractors
Association of America, the Independent Electrical Contractors Association, the National
Women in Construction (Dallas Chapter), the Building Trades Employers Association,
GAF, the Firestop Contractors International Association, the Chicago Roofing
Contractors Association, the American Subcontractors Association, the Construction
Financial Management Association, the National Roofing Contractors Association,
Lorman Educational Seminars, the Arizona Roofing Contractors Association, the
Wisconsin Roofing Contractors Association, the Mid Atlantic Roofing Contractors
Association, the North/East Roofing Contractors Association, the Associated General
Contractors, the Conditioned Air Association of Georgia, the Roofing & Sheet metal
Contractors Association of Georgia, the Georgia Concrete and Products Association, the
Macon Economic Development Commission Safety Committee, the Southern Region of
the National Electrical Contractors Association, the Associated Builders & Contractors of
Georgia, and the National Roofing Legal Resource Center.
Philip is a member of the Georgia Bar, the Atlanta Bar Association, and the American
Bar Association and is admitted to practice in all State and Superior Courts in Georgia, as
well as the United States District Court, Northern District of Georgia. Philip has also
represented clients in the construction industry before the National Labor Relations
Board, the Occupational Safety and Health Review Commission, the Department of
Labor, and the Equal Employment Opportunity Commission.
Philip and his wife Debra have two children, Zoe, age 15, and Zackary, age 12.