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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 1. Regulations of the Director of Industrial Relations

Article 4.5. Multi-Employer Worksites

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§336.10. Determination of Citable Employer.

On multi-employer worksites, both construction and non-construction, citations may be issued only to the following categories of employers when the Division has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by the Division:

(a) The employer whose employees were exposed to the hazard (the exposing employer);

(b) The employer who actually created the hazard (the creating employer):

(c) The employer who was responsible, by contract or through actual practice, for safety and health conditions on the worksite; i.e., the employer who had the authority for ensuring that the hazardous condition is corrected (the controlling employer); or

(d) The employer who had the responsibility for actually correcting the hazard (the correcting employer).

Note: The employers listed in subsections (b) through (d) may be cited regardless of whether their own employees were exposed to the hazard.

Note: Authority cited: Sections 54 and 55, Labor Code.

Reference: Sections 50.7, 6317, 6400, 6401, 6402, 6403, 6404, 6405, 6406, and 6407, Labor Code.

HISTORY

1. New section filed 12/1/97; Effective 12/31/97.

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