Construction standards on multi-employer worksites

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 6, 1978
Mr. Jack Fees
Safety Education Director
Construction Industry
Service Program
[Recipient address omitted]
Dear Mr. Fees:
This is in response to your letter dated April 25, 1978, requesting a full interpretation of 29 CFR 1926.16(a), Rules of Construction.
The standards issued under the Construction Safety Act and published as 29 CFR part 1926 have been adopted as occupational safety and health standards under Section 6(a) of the Occupational Safety and Health Act and 29 CFR Section 1910.12. They shall apply to every employment and place of employment of every employee engaged in construction work. The term "construction work" means work for construction, alteration, and/or repair, including painting and decorating.
Each employer is responsible for the working conditions of his own employees. However, an employer may also be cited if his own employees are exposed or potentially exposed to an unsafe or unhealthful condition, even if he did not create the condition, but was aware that the unsafe condition existed. Additional guidelines are being considered at this time in issuing citations to employers on multi-employer worksites.
If I may be of any further assistance, please feel free to contact me.
Sincerely,
John K. Barto, Chief
Division of Occupational
Safety Programming