Global Supply Chain Subcontractor Osha Liability Advisory Attorney

At a private-sector worksite under federal OSHA, a work-related fatality generally must be reported within eight hours. An in-patient hospitalization, amputation, or loss of an eye generally must be reported within 24 hours.

• Confirm the event: Check whether 29 C.F.R. § 1904.39 makes it reportable.
• Identify the employer: Do not assume the prime contractor reports for every subcontractor.
• Track knowledge: Note when the employer learned of the event and its work-related nature.
• Document the report: Record when, how, and by whom the report was made.

See OSHA Compliance for broader federal requirements.

Safety measures come first. When safe, document relevant conditions before cleanup, repair, or equipment movement changes the scene.

• Photograph equipment, guards, controls, access points, and the work area.
• Preserve permits, training records, inspection logs, and work instructions.
• Build a factual timeline without assigning blame or guessing at causation.
• Identify contractors, supervisors, witnesses, and reporting lines.

Employers record injuries of their own payroll employees. For a contractor's worker, 29 C.F.R. § 1904.31 generally places the case on the log of the employer providing day-to-day supervision.

See Workplace Safety and Health for related recordkeeping issues.

OSHA's Multi-Employer Citation Policy uses a two-step analysis. OSHA identifies the employer's role first, then asks whether that employer took the measures required for that role.

• Creating employer: Caused the hazardous condition.
• Exposing employer: Had its own employees exposed to the hazard.
• Correcting employer: Had responsibility for correcting the hazard.
• Controlling employer: Had authority to prevent or require correction of violations.

One company can fit more than one role. Contractual authority can matter, but an indemnity clause does not erase OSHA duties based on worksite facts.

The compliance officer directs the inspection and questioning. An employer representative and an authorized employee representative may accompany the officer during the physical inspection, subject to OSHA's rules.

• Confirm the entity, area, incident, and hazards within the inspection scope.
• Identify the employer representative for the physical inspection.
• Track documents requested and materials actually produced.
• Do not coach witnesses or interfere with private employee interviews.

For inspection preparation, see Occupational Safety.

Contractors can coordinate logistics, but each employer should keep an accurate account of its own actions and knowledge. Legal review should clarify the response, not reshape the historical record.

• Verify dates, supervisors, training, and corrective actions before responding.
• Keep ordinary business records separate from attorney-directed legal analysis.
• Correct factual errors when the record supports a correction.
• Handle insurance and indemnity notices on a separate contractual track.

An employer generally has 15 working days after receiving the Citation and Notification of Penalty to submit a written Notice of Contest. An informal conference does not pause or extend that period.

• Calendar the deadline from receipt of the citation package.
• Identify whether to contest the citation, penalty, abatement date, or selected items.
• Schedule any informal conference with enough time left to file a contest.
• Do not treat oral disagreement as a written Notice of Contest.

A timely contest can move disputed issues to the Occupational Safety and Health Review Commission, where an ALJ may hear the case. Settlement can remain available while the matter is pending.

• Preserve citation defenses, inspection materials, and witness records.
• Review training and corrective-action evidence tied to the alleged violation.
• Use technical experts when the hazard or standard requires specialized analysis.
• Evaluate indemnity, insurance, and bonding issues separately from OSHA liability.