OSHA authority over self-employed construction workers

May 23, 2001

Mr. Dino V. Gigante

[Recipient address omitted]

Re: CPL 2-0.124 ("Multi-Employer Citation Policy"); self-employed contractors

Dear Mr. Gigante:

This responds to your March 8, 2001, letter to the Occupational Safety and Health Administration (OSHA). We have paraphrased your questions below:

Question 1: Can OSHA cite a self-employed individual working on a construction site for violations of OSHA construction standards?

Answer: No. If a construction worker is truly self-employed — is not an employee — and has no employees working for him or her, OSHA has no authority to require that individual to abide by OSHA construction requirements.

Question 2: What can be done to address unsafe practices by a self-employed individual?

Answer: Although OSHA has no authority to issue citations to a self-employed construction worker (with no employees), where a general contractor has hired that individual to work at the site, the general contractor can, by contract, require that individual to abide by the practices set out in OSHA standards. In other words, OSHA's lack of compliance authority does not restrict the general contractor from instituting workplace safety requirements on the individual by contract. Note, though, that OSHA does not have the authority to compel the individual to abide by such contract requirements.

OSHA construction requirements must be met by employers where employees are exposed to a hazard created by a self-employed worker. The extent of an employer's obligations regarding hazards created by others is explained in [CPL 02-00-124 (formerly CPL 2-0.124)] ("Multi-Employer Citation Policy") (copy attached). [The attachment is not reproduced on OSHA’s page.]

If you need additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

Sincerely,

Russell B. Swanson, Director

Directorate of Construction

[Corrected 6/2/2005]