OSHA Subcontractor Safety

Subcontractors do work for another contracting company. OSHA, the Federal Occupations Safety and Health Administration mandates that any workers doing contract or subcontract work must comply with all safety regulations pertaining to the type of work being performed.

Subcontractor Defined

• A subcontractor is an individual or a company that is hired to work for another contractor. The main contractor may hire many types of subcontractors, often through a job-bidding process.

  An example of a subcontractor might be a company who does electrical work. A contract company has been hired by a corporation to build a hotel. The contract company will usually hire plumbers, electricians, and a variety of other types of companies to complete a particular job.

Host Company Responsibilities

• A company or organization that hires contract workers is responsible for the safety of those workers. The contract company that hires subcontractors is also responsible for the safety of the subcontractors.

  According to OSHA Standard 1926.16, any injury or death of a subcontract worker will become the responsibility of the host company. The host company has the burden of proving that the worker was properly trained, and that the working conditions were safe.

  Also responsible for safety of workers are the contractor and the subcontractor company, yet the host company carries the ultimate responsibility.

Multi-employer Doctrine

• Lawsuit cases and OSHA violation citations have been the subject of the
  multi-employer doctrine. Although cases vary, the decision has been reached
  that all entities, (each employer involved), cannot be cited in every case. For
  example, Company B and Company C have been hired as subcontractors for a larger contracting company. Company B has a worker seriously injured. OSHA cites the organization that hired the large contractor, the large contractor, and both subcontractors. If Company C had no OSHA violations during an after-injury inspection, then Company C cannot be cited because of another company's infractions.

Safety Training

• Many companies require that any worker involved in projects on their premises or at another location, undergo the company's safety training program. This includes a subcontractor under the direction of another contractor.

  Other companies require that contractors and subcontractors provide a copy of their own written safety plan. In addition, contract and subcontract companies must provide proof, that each employee has undergone complete OSHA safety training for the work which they will perform. Companies will usually ask to take a copy of each employee's OSHA 10 or 30-hour training certificate card.

Record Keeping

• Subcontractors must keep all records of safety training, employee injuries and illnesses, and other important issues, for their own employees, on file. In turn, the main contractor and the host company must also keep records on each employee working under their direction or on their premises.