Jim Curtis Quoted in Stormwater - The Journal for Surface Water Quality Professionals
"OSHA's Multi-Employer Policy The Tide May Be Turning”

Jim Curtis was quoted in the article, "OSHA's Multi-Employer Policy The Tide May Be Turning," which appeared in the January 2008 issue of Stormwater - The Journal for Surface Water Quality Professionals. The article discussed OSHA's usage of multi-employer policies and controlling employer designations. According to the article, every day at construction sites around the country, a subcontractor's employee is involved in an accident. OSHA conducts an inspection and finds that the subcontractor violated the OSHA regulations and is wholly at fault for the accident. Jim noted that, what happens next is often a surprise but it shouldn't be. According to him, “OSHA issues citations to both the subcontractor and the general contractor and claims the general is a ‘controlling employer’ under OSHA’s multi-employer policy—and therefore is equally as liable for the OSHA violation as the subcontractor.” 

Jim pointed out a recent court decision in Philadelphia where a contract manager was found not to be a controlling employer following a trenching accident, despite contractual language giving it broad general authority over the work site. Similarly, he notes that, in Virginia, an appellate court ruled that portions of the OSHA’s multi-employer policy were unconstitutional. Jim concluded that,"[T]he lesson for contractors in all of this is simple. First, make sure the language in your subcontracts concerning safety is consistent with your business goals. If you do not intend to oversee your subcontractor’s safety compliance, don’t allow that language to creep into your contracts."