How should WISHA staff evaluate the nature of the dual-employer relationship?
WISHA staff are expected to evaluate the level of secondary employer autonomy by pursuing and documenting answers to the following questions: • Was the primary employer aware (or should the primary employer clearly have been aware) of the violative condition found at the secondary worksite? If so, and the primary employer did not take reasonable steps to protect his or her employees from the hazard in question, the primary employer shares responsibility for the violation. • Did the primary employer control or influence work at the worksite? If so, the primary employer shares responsibility for the worksite conditions and any violations that result from them (the primary employer who exercises control at the worksite cannot be relieved of safety and health obligations by a contract that assigns the responsibility for those issues to the secondary employer). • Did the primary employer have authority, by contract, custom, or practice to enter the secondary worksite to supervise the employ
