With construction booming, many contractors find themselves struggling to provide enough labor at each project. As a result, more and more contractors are engaging subcontractors to help with the current workload. Subcontracting work, however, does not absolve the contractor of responsibility for safety under OSHA, even in a situation where all of the work is performed by a subcontractor. OSHA can issue a citation to the controlling employer, the correcting employer, and the creating employer, in addition to the exposing employer. We will discuss OSHA’s multi-employer worksite doctrine, and we will be sure to discuss the duties required of each type of employer on a multi-employer worksite. We will also address the unforeseeable employee misconduct defense to an OSHA citation, for when the contractor is cited as the exposing employer.

Session facilitator Mitchell Smith, owner of Pike Consulting Group, has been involved in the construction industry for over 17 years. He was a subcontractor in the south metro Atlanta and a finish manager for Meyer-Sutton Homes before forming MLT Contracting, LLC, a custom building company. In more than 20 years’ experience as a firefighter, Mitchell has taught numerous safety classes with the fire service and has certified training in high angle rope rescue and rigging techniques as well as many other lifesaving skills. He combined his fire service training with his knowledge of the construction industry to develop this practical and easily understood program that helps builders and subcontractors to become safe and OSHA-compliant.

Session facilitator Philip J. Siegel, Esq., is a partner and shareholder with the firm of Hendrick, Phillips, Salzman & Siegel. Philip worked in the public accounting industry as a state and local tax consultant for two years prior to commencing his career as a construction litigation and labor/employment attorney.

Mr. Siegel’s practice focuses primarily in the areas of labor/employment law, including defense of OSHA citations, immigration compliance assistance, Davis-Bacon Act consulting, contract consulting, and construction litigation, including representation of general contractors, subcontractors and suppliers, all on a national basis.

Philip is a member of the Georgia Bar, the Atlanta Bar Association, and the American Bar Association and is admitted to practice in all State and Superior Courts in Georgia, as well as the United States District Court, Northern District of Georgia. Philip has also represented clients in the construction industry before the National Labor Relations Board, the Occupational Safety and Health Review Commission, the Department of Labor, and the Equal Employment Opportunity Commission.

Sign in begins at 8:30 a.m.

Discounts are available to companies sending 5 or more attendees to the same class. Contact Valerie Siegel at 678-775-1469 for more information.

This session qualifies under the Rules of the Georgia State Licensing Board for Residential and General Contractors for three (3) continuing education hours. The Greater Atlanta Home Builders Association has approved this seminar for three (3) CPHB continuing education credits.

CREDIT NOTE: Any session approved for Georgia State Licensing Credit or Georgia Real Estate Credit requires the participant to attend the full session to receive credit. The participant is required to sign in and sign out. Failure to sign in or sign out will result in 0 CEUs/credits for the session. Sorry, no exceptions.

A 48-hour written notice is required for ALL cancellations -- NO REFUNDS FOR NO-SHOWS

Contact Valerie Siegel, Education Manager, for questions or assistance (vsiegel@atlantahomebuilders.com or 678-775-1469).

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Understanding OSHA’s Multi-Employer Worksite Doctrine and the Unforeseeable Employee Misconduct Defense