Master Builders of Iowa

Iowa OSHA enforcement officials are issuing citations to general contractors whenever a citation is written to a subcontractor. The citation issued to the GC is for violating 1926.20(b)(2) which says there must be a program of “frequent and regular inspections of the job sites, materials, and equipment”. There is no definition of “frequent and regular” but only weekly is probably not enough because MBI has been involved with members who did that and still received the citation. OSHA views the GC as the entity that “controls” the site so therefore is the one responsible for the inspections. Construction Managers are being cited as well because OSHA views them as having an element of control also, even though they don’t have contracts directly with any of the trades on the site.

The only way a GC can defend himself against such a citation is to be able to prove that inspections have occurred. As we all know if something is not written down it never occurred so the inspections must be recorded in some way. This record-keeping can take different forms e.g. daily check sheet of a safety walk-around, daily log/diary of construction activities that contain notes of discussions the GC had with a sub regarding safety, specific “notice” to a sub that their safety measures are inadequate or notes of a meeting with the sub where safety expectations were reviewed. Basically any documentation that proves the GC addressed its expectations about the subs safety actions and then followed up to make sure they were followed will suffice. Discipline of a sub’s employee for safety infractions is also helpful.

On the other side of the coin subs are being cited for exposing their employees to a hazard created by a different trade. We need to realize that a hazard is not choosey so is harmful to anyone in the area. With this in mind subs need to instruct their employees to stay clear of all hazards even when their work is near the hazard or be prepared to provide protection against it. When avoidance hinders the construction schedule the sub must notify the GC in writing that they will not work near the hazard until it is abated in order to avoid possible delay charges at the end of the project. Without written documentation that a hazard exists and is not abated there is no defense for the sub in this circumstance.

OSHA’s Multi-Employer Citation Policy is aimed at getting the maximum effect out of each jobsite inspection. Enforcement officers look for companies who have created a hazard, are exposed to it, can control it but didn’t, or who are required to correct it and didn’t. No matter who you are if you fall into one of these categories you will receive a citation.

This may seem to be additional liability for the GC but just by being a “general contractor” the courts have placed a certain amount of liability for overall safety on the GC. Think of all the court cases where an injured sub employee has sued the GC for failing to run a safe jobsite and has received compensation above what workers comp provides. Since the liability is there it needs to be managed.

There are many ways MBI can assist members who want to manage their safety risks. Our safety team can meet with you during the bidding phase to help identify risks that may be encountered during construction so the risk can be more easily handled. We can also assist during pre-construction by helping plan a meeting where all parties can discuss safety responsibilities and develop a plan. Of course we can be on the job to perform audits and provide training to make sure the plan is being followed. If you want to have a safe jobsite and lesson the likelihood of getting a Multi-Employer citation contact MBI.