“Navigating the Dilemma: How OSHA’s Multi-Employer Citation Policy Impacts Civil Liability for Texas General Contractors.”

Brittany King co-authored the Texas Construction Law Journal article, “Navigating the Dilemma: How OSHA’s Multi-Employer Citation Policy Impacts Civil Liability for Texas General Contractors.” 

The article explores the tension between OSHA’s Multi-Employer Citation Policy and Texas law governing contractor liability. Brittany Authors King and Jared Caplan explain how OSHA’s broad definition of a “controlling employer” can place general contractors in a difficult position: exercising oversight of subcontractor safety may increase potential civil liability under Texas law, while failing to do so may expose them to OSHA citations.

• King and Caplan highlight the conflict between OSHA’s broad view of jobsite control and Texas law, which generally limits a contractor’s liability unless it retains or exercises control over a subcontractor’s work.
• They discuss the practical challenges this creates for general contractors and offer guidance on balancing OSHA compliance obligations with efforts to minimize potential civil liability.