Section 6400 Of Chapter 3. Responsibilities And Duties Of Employers And Employees From California Labor Code >> Division 5. >> Part 1. >> Chapter 3.
6400
. (a) Every employer shall furnish employment and a place of
employment that is safe and healthful for the employees therein.
(b) On multiemployer worksites, both construction and
nonconstruction, 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:
(1) The employer whose employees were exposed to the hazard (the
exposing employer).
(2) The employer who actually created the hazard (the creating
employer).
(3) The employer who was responsible, by contract or through
actual practice, for safety and health conditions on the worksite,
which is the employer who had the authority for ensuring that the
hazardous condition is corrected (the controlling employer).
(4) The employer who had the responsibility for actually
correcting the hazard (the correcting employer).
The employers listed in paragraphs (2) to (4), inclusive, of this
subdivision may be cited regardless of whether their own employees
were exposed to the hazard.
(c) It is the intent of the Legislature, in adding subdivision (b)
to this section, to codify existing regulations with respect to the
responsibility of employers at multiemployer worksites. Subdivision
(b) of this section is declaratory of existing law and shall not be
construed or interpreted as creating a new law or as modifying or
changing an existing law.