Workplace Injury Litigation on Multi-Employer Worksites: Strategies for Plaintiff and Defense Attorneys
For attorneys involved in workplace injury litigation on sites with multiple employers (owners, general contractors, subcontractors, etc.), the intricacies of the Occupational Safety and Health Administration's (OSHA) Multi-Employer Citation Policy are paramount. This policy not only outlines the potential for actual non-compliance but also addresses scenarios where non-compliance is alleged without merit. Understanding how to handle these distinctions is key for both establishing and defending against responsibilities under OSHA's framework, which is often used in support of negligence claims.
Understanding Employer Roles under OSHA
OSHA categorizes employers at multi-employer worksites into distinct roles, each of which might be targeted in negligence claims, whether rightly or wrongly accused of non-compliance:
1. Creating Employer: Allegations against this employer might involve actual creation of unsafe conditions or false claims thereof. Defense strategies can focus on disproving the alleged conditions or demonstrating proactive compliance efforts.
2. Exposing Employer: This employer could be accused of exposing employees to risks, even when proper safety measures are in place. Plaintiffs aim to prove actual exposure while defenses often show robust risk management.
3. Correcting Employer: Accusations may involve delayed or inadequate hazard corrections. Defense can counteract by evidencing timely and effective responses to safety issues.
4. Controlling Employer: This role involves oversight responsibility. Defense against allegations often involves proving that all safety protocols were followed and that the employer enforced strict compliance with OSHA regulations, or showing how supervision and safety oversight were not within the employer's scope of responsibility.
Strategies for Handling Alleged vs. Actual OSHA Non-Compliance
Investigation and Documentation: Both sides should meticulously investigate the alleged non-compliance. Documenting every detail of employer actions and compliance levels at the time of the incident is crucial. This includes gathering inspection reports, safety meeting records, and employee training logs.
Use of Expert Witnesses: Expert testimony is invaluable in deciphering the complexities of alleged versus actual non-compliance. Experts can assess the compliance of safety measures implemented at the worksite and provide objective opinions on whether OSHA standards were truly violated.
Analyzing Precedents: Reviewing past cases with similar allegations can provide insights into how courts have handled disputes over alleged non-compliance. Both plaintiffs and defense can use this information to refine their strategies.
Effective Argumentation: For plaintiffs, the focus is on connecting any proven non-compliance directly to the injury incurred, arguing that it constitutes negligence. For the defense, the strategy involves not only challenging the existence of non-compliance but also breaking the causal link between the alleged non-compliance and the injury.
Conclusion
In workplace injury litigation, particularly at multi-employer worksites, the distinction between actual and alleged OSHA non-compliance is critical. Attorneys must be equipped to rigorously investigate and challenge the details of each claim. By thoroughly understanding OSHA’s policies and employing detailed evidence and expert analysis, attorneys can effectively represent their clients, whether they are asserting or contesting negligence based on compliance issues.
By LegacyMark Safety Consulting
Expert Website: https://www.legacymarksafety.com/
Call (409) 877-2575
AUTHOR: Dustin Hickey, CSP, CRSP, CMIOSHExpert Website: https://www.legacymarksafety.com/
Call (409) 877-2575
Copyright LegacyMark Safety Consulting
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.For specific technical or legal advice on the information provided and related topics, please contact the author.
