1. (a) The employer whose employees were exposed to the hazard (the exposing employer);
2. (b) The employer who actually created the hazard (the creating employer);
3. (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

4. (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.

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:

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 article 4.5 (sections 336.10-336.11) and section filed 12-1-97; operative 12-31-97 (Register 97, No. 49).