There might not be a more underappreciated topic in the construction industry than the U.S. Labor Department’s multiemployer citation policy. Employers often misunderstand the policy’s concepts and consequences. Both are relevant during postaccident legal proceedings—and that’s not the time to become acquainted with them. Remember, an employer with typical industry profit margins would suffer a significant financial setback if forced to pay a $100,000 safety penalty.
In 1990, the Washington State Supreme Court ruled that a controlling employer (general or prime contractor) can be liable for worker injuries if it violated Washington Industrial Safety and Health Act regulations. That industry-altering case, Stute v. PBMC, solidified in construction law that the controlling employer’s supervisory authority constitutes control and creates a duty to optimize compliance for all employees on a jobsite. Property owners, developers and other employers can also become liable for the safety of nonemployees, depending on the degree of control exercised and whether they controlled or created a hazard.