The Controlling Employer's Liability
On a bustling construction site, the General Contractor (GC) acts as the conductor of a chaotic orchestra. But under OSHA's Multi-Employer Worksite policy, the GC is also the "Controlling Employer," legally responsible for safety conditions across the entire project. This extends to Hazard Communication. If a painting subcontractor brings a toxic solvent on-site and fails to manage the fumes, exposing an electrician nearby, the GC can be cited alongside the painter.
The regulatory framework for this liability is found in 29 CFR 1910.1200(e)(2), which mandates specific information exchange protocols for multi-employer workplaces. Ignoring these requirements is a leading cause of project-wide safety failures and "double-dipping" citations where multiple entities are fined for the same hazard.
The Three Mandatory Exchanges
To insulate your company from subcontractor-induced liability, your written HazCom program must explicitly detail three methods of communication required by 1910.1200(e)(2):
1. SDS Access Methodology
The GC must establish a method to provide other employers with on-site access to Safety Data Sheets (SDSs) for each hazardous chemical to which their employees may be exposed.
2. Precautionary Measures Communication
The GC must inform other employers of any precautionary measures needed to protect employees during normal operating conditions and foreseeable emergencies.