Subcontractor Liability Checklist
Before a subcontractor starts work, verify its written HazCom program, its SDSs, its training, and its container labels. Under OSHA's Multi-Employer Citation Policy (CPL 02-00-124), a controlling employer can be cited for a hazard it could reasonably have detected and corrected.
The full document
Before allowing a subcontractor on site
- Written Hazard Communication Program on file
- SDSs available for every chemical they bring on site
- Workers trained on chemical hazards (documented)
- Secondary containers labeled per 1910.1200(f)(6)
- Chemical inventory provided
- Designated responsible person for HazCom
- Training materials in a language workers understand
- Evidence of read confirmations / training records
The 4 roles under the Multi-Employer Policy
| Role | Who it is, and when OSHA cites it |
|---|---|
| Controlling employer | General supervisory authority over the site (often the GC). Cited for hazards it could reasonably detect and correct. |
| Creating employer | Created the hazard. Cited even if only another employer's workers are exposed. |
| Exposing employer | Whose own employees are exposed to the hazard. |
| Correcting employer | Responsible for correcting the hazard (e.g., installing or maintaining safety systems). |
You can be cited for a sub's violation
Under CPL 02-00-124 a controlling employer can be cited for a subcontractor's hazard it could reasonably have detected and corrected. Verify compliance in advance and keep this record.
Questions about this document
Can a general contractor be cited for a subcontractor's hazard?
Yes, as a controlling employer under CPL 02-00-124, when it could reasonably have detected and corrected the hazard. HazCom also requires the written program to include methods for sharing hazard information with other employers on the site (29 CFR 1910.1200(e)(2)).
Does HazCom require a record of a subcontractor's training?
No. 29 CFR 1910.1200(h) requires the training, not a record of it. Asking for a record is the controlling employer's way to verify that the training happened.
Which label must a subcontractor's secondary container carry?
Either the label elements of 29 CFR 1910.1200(f)(1)(i) through (v), or the product identifier with words, pictures, or symbols giving general information about its hazards (29 CFR 1910.1200(f)(6)).
Get the Binder in Order Before the Inspector Arrives. Are You Ready?
OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.
Serious Violation
$16,550
per violation (max)
HazComFast Pro
$199/mo
10 jobsites, unlimited chemicals, unlimited workers
New sign-ups are paused. The free tools below need no account, and customers can log in as usual.
Your account keeps working as usual. Cancel anytime.