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 rule-making.

“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 rule-making 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.

Click here to download the white paper.