September 13, 2012
Interpretation and compliance with the OSHA “multi-employer” construction work site standard often varies depending on the jurisdiction. The presence of asbestos containing building materials (ACBM) dictates communication of the hazard to all employers and their employees by the party who will or may be disturbing the ACBM in conjunction with their work site activities. OSHA requires that all hazards associated with the presence and disturbance of asbestos is performed by competent personnel who have received the appropriate training are equipped with proper personal protective equipment.
When citations will be given.
Employers normally shall be cited, whether or not their own employees are exposed:
• The employer who actually creates the hazard (the creating employer)
• The employer who is responsible, by contract or through actual practice, for safety and health conditions on the worksite; the employer who has the authority for ensuring that the hazardous condition is corrected (the controlling employer)
• The employer who has the responsibility for actually correcting the hazard (the correcting employer).
How to avoid being cited.
Prior to issuing citations to an exposing employer, it must first be determined whether the available facts indicate that employer has a legitimate defense to the citation as set forth below:
• The employer did not create the hazard.
• The employer did not have the responsibility or the authority to have the hazard corrected.
• The employer did not have the ability to correct or remove the hazard.
• The employer can demonstrate that the creating, the controlling and/or the correcting employers have been specifically notified of the hazards to which his/her employees are exposed to.
• The employer has instructed his/her employees to recognize the hazard and, where necessary, informed them how to avoid the dangers associated with it.
– Where feasible, an exposing employer must have taken appropriate alternative means of protecting employees from the hazard .
– When extreme circumstances justify it, the exposing employer shall have removed his/her employees from the job to avoid citation.
What happens if a company met OSHA’s requirements?
If an employer meets all the criteria, the employer shall not be cited. If all employers on a worksite with employees exposed to a hazard meet these conditions, then the citation shall be issued only to the employers who are responsible for creating the hazard. A citation would also go to the employer who is in the best position to correct the hazard or to ensure its correction. The controlling employer and the hazard-creating employer shall be cited even though no employees of those employers are exposed to the dangerous condition. Penalties for such citations shall be appropriately calculated, using the exposed employees of all employers as the number of employees for probability assessment.
How can AMI Environmental protect employees and the reputation of business?
At AMI Environmental, our main goal is to assist businesses and create a safe working environment, while adhering to government regulations. With decades of experience, our Industrial Hygiene Professionals purpose is to help our clients not only protect your workers but also manage risk. Allowing you to then enjoy the peace of mind knowing your employees will be protected from harm. AMI will work to establish and maintain a safe work environment, including surveying your facility for risks; provide testing within your facility; maintain testing protocol; and assist in the recording process. If you have any questions or concerns, please contact Jim Pagel at [email protected]. If you would like a free informative seminar please call (800) 828-8487.