What West Virginia Employers Must Know About OSHA’s Multi-Employer Doctrine

In today’s complex work environments, West Virginia employers—from general contractors and site supervisors to subcontractors and equipment providers—must not underestimate OSHA’s Multi-Employer Doctrine. While OSHA enforces safety across all states, West Virginia falls under this federal mandate. Understanding this doctrine can mean the difference between compliance and costly citations, or worse, workplace accidents.

Understanding the Multi-Employer Doctrine

OSHA’s Multi-Employer Doctrine empowers the agency to issue citations to multiple employers sharing the same worksite—even when only one causes the hazard or only one employer’s workforce is exposed. This is more than a theoretical concern; it’s deeply rooted in federal policy and court decisions.

Under OSHA’s Formal Directive, CPL 02-00-124, the doctrine follows a two-step test:

1. Identify the employer role(s)
2. Evaluate whether legal duties tied to that role were fulfilled

There are four key employer roles that OSHA recognizes:

1. Creating Employer – the one who caused a hazardous violation (e.g., left chemical drums uncovered).
2. Exposing Employer – whose own workforce is at risk, due to known or undiscovered hazards.
3. Correcting Employer – responsible for fixing the hazard, either through agreement or contract.
4. Controlling Employer – supervisors with authority to enforce safety or stop unsafe work—even if the hazard was caused by another party.

Importantly, OSHA will only issue a citation if:

• A role applies, and
• The employer didn’t meet the duty associated with that role.

Notably, only the “Exposing Employer” can be cited under OSHA’s General Duty Clause—requiring employers to address known hazards beyond specific regulations.

Scenarios That Illustrate the Doctrine in Action

OSHA’s doctrine may seem abstract—here are scenarios to bring it into focus:

1. Scaffolding Case – A general contractor inspects the site twice daily and has full authority, yet fails to correct unsafe scaffolding erected by a subcontractor. OSHA cited them, and the case was upheld—deeming them a controlling employer .
2. Repeated Fall Hazards – A subcontractor moves scaffolding that repeatedly lacks guardrails. The general contractor repeatedly directs corrections, but issues persist. OSHA holds them responsible—again as the controlling party.
3. Ungrounded Generator – A GC rents a generator and spider box for a subcontractor. OSHA finds ground-fault protection is missing. The GC is cited, because they had authority to ensure safe equipment and failed to exercise reasonable diligence.
4. Excavation Hazards – GC management observes unsafe soil excavation. Unsafe conditions were routinely visible and OSHA held the GC accountable, despite their own crew not being exposed.

EPA professional opinions echo that mere presence and authority are enough—OSHA can enforce safety even if an employer’s own crew isn’t endangered.

Implications for West Virginia Employers

Even though OSHA is federal, West Virginia state-plan enforcement adopts the same doctrine. WV employers—including contractors operating in oil & gas, construction, utilities, and manufacturing—must be vigilant:

• Control matters: If your business has staffing authority, inspection rights, or the power to halt unsafe work, OSHA may deem you a controlling employer.
• Ubiquitous compliance: Whether you produce chemicals, replace pipelines, supervise well sites, or coordinate multi-employer operations, you’re subject to scrutiny.
• Zero tolerance for inaction: OSHA doesn’t accept ignorance. General contractors are expected to exercise reasonable diligence—often interpreted as visibility and responsiveness to onsite hazards.

For example, even in well-inspected WV shale sites, contractors have been cited for lack of hazard communication, unguarded equipment, or improper PPE—even when the hazard originated with a subcontractor.

Actionable Safety Strategies

To reduce the risk of multi-employer citations, thoughtful compliance is essential. West Virginia employers should:

1. Clarify contractor roles in writing—who provides what safety controls, inspections, or PPE.
2. Conduct consistent inspections—especially targeted spot checks during subcontractor activities; document issues and follow-ups.
3. Train supervisors on multi-employer roles and responsibilities.
4. Implement site-wide hazard communication—a regular checklist posted or communicated to all crews.
5. Document everything—kept logs of safety meetings, corrective orders, and hazard remediation efforts.
6. Establish escalation protocols—in writing: “hazard identified → raised to management → corrective action tracked and confirmed.”

These steps don’t guarantee immunity, but they create strong evidence of due diligence—a critical defense when OSHA investigates.

Broader Legal and Ethical Context

The doctrine also intersects with civil liability and tort law. Though developed through OSHA – not via APA rulemaking – its influence extends beyond administrative citations:

• Some courts are considering Multi-Employer violations in negligence per se claims—imputing heightened responsibility in tort alongside OSHA enforcement.
• Critics argue this could expand liability far beyond statutory intent. However, until resolved federally, employers face uncertainty in both regulatory and civil arenas.

In West Virginia—where work-related injury and fatality cases can quickly escalate—this dual exposure underscores the importance of proactive compliance and safety documentation.

Secure Guidance and Confidence

If you’re a West Virginia employer navigating shared worksites, the Madia Law Firm in Morgantown and Clarksburg offers proven experience in workplace injury, OSHA regulation, and employment law. Our attorneys have deep insight into how federal safety regimes intersect with WV industry practices.

Call us today at (304) 878-7489 to schedule a complimentary consultation. Our team is ready to help you navigate OSHA’s doctrine with clarity, planning, and peace of mind.

 

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.