Navigating the Dilemma: How OSHA's Multi-Employer Citation Policy Impacts Civil Liability for Texas General Contractors

General contractors in Texas generally have no civil liability for injuries to subcontractors over whom they neither retain nor exercise control. However, the Occupational Safety and Health Administration ("OSHA") has promulgated the Multi-Employer Citation Policy, CPL 2-0.124, also known as the Multi-Employer Doctrine (the "Policy"), which imposes a duty upon general contractors to exercise control over their subcontractors' safety or risk receiving an OSHA citation. With the Fifth Circuit's recognition of the broad definition of "controlling employer" for use in assessing OSHA liability, the Policy has significant impacts on general contractors' civil liability going forward. More specifically, the Policy places general contractors in a "Catch-22": Either retain or exercise control over a subcontractor and face potential civil liability or refuse to exercise any control and face potential OSHA liability.

Here, we examine the dilemma created by the Policy and its effects on a general contractor's duties owed to subcontractors in Texas. We also offer some guidance on how general contractors can navigate the confusion created by a federal regulatory scheme that appears in conflict with Texas common law. 

Republished with permission. The full article, "Navigating the Dilemma: How OSHA's Multi-Employer Citation Policy Impacts Civil Liability for Texas General Contractors," was published in The Texas Construction Law Journal in the Winter-Spring 2025 edition.