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T.A. Loving Company
General Contractors
Drawer 919 * Goldsboro, NC 27533-0919 * 919-734-8400
http://www.taloving.com

May 21, 1999

Felipe Devora
Safety Director
Fretz construction Company
P.O. Box 266784
Houston, TX 77207-6784

Re: Advisory Committee on Construction Safety and Health Multi-Employer Worksites

Dear Felipe:

I would like to thank you for chairing the OSHA Advisory Committee Workgroup concerning the multi-employer confusion. I was fortunate enough to attend the May 5th meeting in Washington and offer only two comments that I believe were presented at the meeting.

First, the Reasonable Care Standard is an excellent attempt to clarify confusion. However, as I stated, maybe another example could be given to further explain specifically what areas general contractors and construction managers are responsible for inspecting. Obviously, technical violations of specialty contractors are not readily apparent to CM's and GC's. Also, hidden violations or violations particular to one subcontractor are not, I don't believe, part of a multi-employer scenario. Maybe common areas would be good verbiage to use as part of an example.

Second, we're probably all concerned with legal confusion, legal expense, and various OSHA interpretations of contractors regarding, "controlling employers". Confusion should not exits on exposing and creating contactors. Please continue efforts to minimize "controlling", which is ambiguous at best.

Thanks again for your valuable time and effort regarding this policy. Please advise if I may be of assistance.

Sincerely,

T.A. LOVING COMPANY

[Signature]
Linwood Smith
Vice President

cc: Carl Heinlein

AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER

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