Contractor Guidance on Avoiding OSHA and Other Legal Problems
1 hour 5 minutes
Gain tips on ways to protect everyone at the worksite and mitigate liability.
The U.S. Department of Labor’s definition of an independent contractor has been in a state of flux between the Obama/Trump/Biden administrations. This can create confusion about the classification of workers and the responsibilities the host employer has under the Occupational Safety & Health Act, the Mine Safety & Health Act, and implementing policies. Both agencies provide for situations where an employer can be dually cited, along with staffing agencies or contractors, with penalties of up to $145,000 (OSHA) or $291,000 (MSHA) per violation. Injuries impacting third-party workers—temps, independent contractors, and day laborers—can also trigger tort liability against the host employer or general contractor in the millions of dollars. This session will provide the most current guidance from OSHA/MSHA on their independent contractor protection initiatives and enforcement programs. This course will offer tips on ways to protect everyone at the worksite, coordinate safety programs, improve safety culture, manage compliance, and mitigate liability.
• You will be able to define OSHA’s Multi-Employer policy and which employers fall into multiple categories.
• You will be able to describe how OSHA expects injuries/illnesses involving contractors and temporary workers to be reported and recorded accurately.
• You will be able to discuss how training of third-party contractors must be conducted, documented, and evaluated.
• You will be able to explain why OSHA citations can impact third-party tort injury and wrongful death cases, as well as breach of contract actions.