NLRB issues final joint-employer rule | Dump Trucks Charlotte NC
Dump Trucks Columbus OH Insight:
The clarity that comes with the new rule, said Kristen Swearingen, vice president of legislative and political affairs at the Associated Builders and Contractors, should ease the concern that the ABC's members and other columbus oh dump truck company have about the burden that comes with being a joint employer.
In the construction industry, she said, the relationship that typically exists between the general contractor and its subcontractors presented some challenges under the 2015 opinion of what constitutes joint-employer liability since general contractors, while not having direct control over a subcontractor's employees, direct the overall activity on a jobsite.
What the new rule does not impact, however, is how OSHA determines responsibility for workplace injuries when there is more than one contractor working on a project, Swearingen said.
OSHA has a multi-employer citation policy that outlines how inspectors should evaluate the circumstances surrounding an accident before citing more than one employer. The first thing an inspector should do under OSHA policy is to decide whether the employer is creating, exposing, correcting or controlling. A single employer can fall under more than one of these categories, but the extent of its responsibility depends on the category.
For example, a controlling employer, which has general supervisory authority and power to either correct hazards or direct others to do so, typically has less responsibility than the employer that is obligated to protect its own employees. Even when there is no contractual obligation for a general contractor to ensure safety, it can still be designated a controlling employer as long as subcontractors are under its "broad control."
The way OSHA defines other employer categories is as follows:
- A "creating" employer refers to the employer that created the hazard.
- An "exposing" employer's employees were exposed to the hazard.
- The "correcting" employer must correct hazards.