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Category: Consumer Protection Law
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Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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If I work for a company as a contractor and OSHA fines the

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If I work for a company as a contractor and OSHA fines the company who has to pay the fine the company or me as contractor? Now the company owe me like $7000.00 and says that they are going to use it for the fine.

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Just to be sure - who violated OSHA's rules and regulations - you or your company OR the general contractor?
Customer: replied 3 years ago.
Well I was on the roof with another two guys when OSHA came but I work for the company per jobs
Can you expand on this, "Well I was on the roof with another two guys when OSHA came but I work for the company per jobs."?

Are you a subcontractor?

If so, how many employees do you have?
Customer: replied 3 years ago.
Four including me
OK, there is an OSHA Multi-Employer Worksite Liability Doctrine.

Under its Multi-Employer Citation policy, OSHA has the ability to cite and fine the Creating Employer (the employer that created the violation), the Exposing Employer (any 7 employer whose employees were exposed to the violation), the Correcting Employer (any employer responsible for correcting the violation on the jobsite), and the Controlling Employer (any employer responsible for controlling the work on the jobsite.

You do not fall within the multi-employer guidelines - you have less than 7 employees working at the site.

As such, the contractor you are under is liable and they can't withhold your monies.

The contractor employing you or even them is liable - but you are not liable pursuant to the multi-employer guidelines.

As such, they cannot withhold monies owed to your nor use that to pay the fine.

I would notice them that if they attempt to do such in violation of the OSHA multi-employer doctrine you will file a small claims action against them or place a lien on the property.

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