(18c) Legal View: Legal Implications of Using Contractors As Operators

Using contractors to perform operations within a plant can significantly raise the legal risks of an employer. In this regard, OSHA may view the employer as the "controlling employer" of the contractor employees who are performing operations within the plant. If OSHA takes the view that the controlling employer did not exercise reasonable enforcement, the Agency will issue a citation to the controlling employer for this behavior. This can be problematic for the employer for a variety of reasons, including potential civil liabilty where a fatality or catastrophic event is involved. Indeed, the citation may be used in a civil case to show that the controlling employer failed to exercise reasonable care, thereby exposing the controlling employer to pay monetary damages to the injured parties.