A general contractor oversees a residential remodel site. A subcontractor's employee is injured due to an unshored trench hazard the subcontractor itself created. Even though the GC's own employees were never exposed to the hazard, Cal/OSHA cites the general contractor as the 'controlling employer.' What is the legal basis for this citation under the multi-employer worksite doctrine?
- AOnly the subcontractor that physically created the hazard may ever be cited under California law
- BThe GC can only be cited if its own employees were directly exposed to the hazard
- CAs controlling employer, the GC has a duty to reasonably detect and address hazards created by subcontractors on the site
- DThe GC is automatically liable for every subcontractor injury regardless of knowledge or oversight
Show answer & explanationAnswer & explanation
Correct answer: C. As controlling employer, the GC has a duty to reasonably detect and address hazards created by subcontractors on the site
Under the multi-employer worksite doctrine applied by Cal/OSHA, a general contractor acting as the 'controlling employer' has general supervisory authority over the site and a duty to exercise reasonable care to detect and correct hazardous conditions, even those created by subcontractors, regardless of whether the GC's own employees were exposed.
Why the other options are wrong
- A. Multiple employers, including the controlling employer, may be cited under the multi-employer doctrine.
- B. Exposure of the GC's own employees is not required for controlling employer liability.
- D. Liability is based on the duty of reasonable oversight, not automatic strict liability.
Controlling Employer Liability
Under the multi-employer worksite doctrine, a controlling employer (such as a GC with supervisory authority) can be cited for hazards it should have reasonably detected and corrected, even if created by a subcontractor.
- Applies when GC has general supervisory control
- Does not require GC's own employees be exposed
- Based on duty of reasonable care, not automatic fault
Memory trick: Control the site, control the risk — GCs must catch hazards they didn't cause.