NCPI calls for clear limits on OSHA’s multi‑employer citation doctrine to strengthen worker safety and reduce litigation

New white paper proposes statutory and regulatory reforms, including a safe harbor that lets prime contractors assist subcontractors with training, PPE and technology without automatically assuming liability.

The National Construction Policy Institute (NCPI) has released a landmark white paper, “Rethinking OSHA’s Multi‑Employer Citation Doctrine,” which outlines a practical, legally durable framework to align accountability with actual control on complex construction sites. The paper traces the doctrine’s evolution, highlights the operational and economic costs of inconsistent enforcement and proposes a balanced reform plan through legislation and formal rulemaking. 

“Right now, well‑intentioned primes risk citations merely for helping subs get safer,” said Trent Cotney, senior fellow at NCPI and author of the paper. “Our recommendations would remove that chilling effect, reward proactive safety leadership and still hold bad actors accountable.” 

The white paper recommends: (1) a statutory safe harbor allowing general contractors to furnish PPE, training and safety technologies without automatically becoming ‘controlling employers’; (2) a graduated citation matrix tied to an employer’s real ability to abate hazards; and (3) incentives for data‑driven safety partnership agreements that raise standards across multi‑employer jobsites. 

NCPI’s roadmap includes both near‑term rulemaking under Part 1926 and longer‑term statutory amendments to clarify §5(a)(2) obligations, harmonize state plan enforcement and embed due‑process safeguards. The result: clearer expectations, stronger collaboration and safer worksites nationwide. 

Download the white paper: https://constructionpolicyinstitute.org/resources

About NCPI

The National Construction Policy Institute is a non‑partisan think tank focused on practical, research‑driven policies that improve safety, efficiency and compliance across the construction industry. Learn more at www.constructionpolicyinstitute.org.

Author bio

Trent Cotney is a senior fellow at NCPI and a nationally recognized construction attorney and industry advocate. He has served as general counsel to multiple trade associations and frequently writes and speaks on OSHA compliance, contract risk and workforce policy. He is the author of the books, OSHA Defense for the Construction Industry and OSHA Defense: Know Your Rights.