Many General Contractors operate under the assumption that OSHA liability for safety violations belongs to whoever created the hazard. This assumption is wrong. Under OSHA's multi-employer worksite policy, four categories of employers can be cited at a single job site — and as the GC, you are almost always the controlling employer.
The Controlling Employer Standard
A controlling employer is one who has general supervisory authority over the worksite, including the power to correct safety and health conditions. That describes every GC on every project. Your authority over the site is enough — you don't need to have directed the specific task that caused the violation.
What "Reasonable Care" Means in Practice
- Did you include safety requirements in your subcontracts?
- Did you conduct or require safety orientations before subs started work?
- Did you perform periodic safety inspections of subcontractor work areas?
- When you observed a violation, did you correct it promptly?
- Did you have a documented system for tracking sub compliance?
New Jersey-Specific Context
New Jersey operates its own OSHA program (NJOSH). Citations in NJ can reach $15,625 per serious violation and up to $156,259 for willful violations. NJ has historically been active in construction site enforcement, particularly on fall protection, scaffolding, and electrical hazards.
