What must an employer demonstrate to defend against a citation in a multi-employer situation?

In a multi-employer worksite scenario, the correct response is that the employer must demonstrate they did not cause or control the hazard. This principle is essential because the Occupational Safety and Health Administration (OSHA) recognizes the complexity of operations at such sites, where multiple employers and their workers may be exposed to the same hazards.

When an employer is cited for a violation, demonstrating that they did not cause or control the hazardous condition is crucial for establishing a defense. This can involve showing that the hazard was a result of another employer's actions or that they did not have the ability or authority to correct the situation. For instance, if another contractor's activity created a dangerous condition that the defending employer could not reasonably address due to their lack of access or capacity to intervene, this fact would support their defense.

In this context, the actions or training provided by the employer, or the reporting of incidents, do not directly correlate to their responsibility related to the specific hazard in question. The defense must specifically target the causation and control of the hazard rather than the broader compliance or safety training aspects. Thus, the key factor in defending against a citation in this scenario centers around the employer's relationship to the hazard itself.