In Secretary of Labor v. H.G. Arias & Associates, LLC, OSHA cited a staffing company following an inspection of a manufacturing facility where several temporary employees were assigned to work. OSHA alleged the staffing agency violated the Hazard Communication Standard because certain temporary workers had not received effective training regarding hazardous chemicals present in their work area.

The inspection arose during an OSHA National Emphasis Program inspection targeting amputation hazards but during the inspection, OSHA observed several chemical products at the facility and expanded the inspection to evaluate hazard communication compliance. OSHA identified certain chemicals that carried documented hazards capable of causing skin damage, eye injuries and respiratory harm.

The staffing agency had provided a general safety orientation to all employees before assigning them to host employers that included general information regarding chemical hazards, safe handling practices, protective equipment and a reminder that employees should review Safety Data Sheets for chemicals with which they worked.

However, OSHA alleged that the temporary employees had not received training regarding the specific hazardous chemicals present at the host employer’s facility. The evidence established that site-specific hazardous chemical training had been conducted approximately one year earlier, before the employees at issue were assigned to the facility. As a result, OSHA contended those workers had not been properly trained regarding the chemicals present in their work areas.

Although the Administrative Law Judge ultimately vacated the citation because OSHA failed to prove employee exposure to the cited chemicals and failed to establish the staffing company’s knowledge of the alleged violation, the decision provides important lessons for employers throughout the construction industry.

Construction projects routinely involve hazardous substances. These include fuels, solvents, adhesives, paints, coatings, epoxies, concrete additives, silica-containing materials, welding gases, cleaning agents and compressed gases. Many of these materials may or may not arrive on site with labels and accompanying Safety Data Sheets—and employees may never receive meaningful instruction regarding the hazards they present.

The Hazard Communication Standard requires more than simply maintaining an SDS binder in a trailer. Employers must ensure employees understand the hazards associated with the chemicals present in their work areas and know how to access and use the information contained within Safety Data Sheets.

Moreover, in construction, one of the most common mistakes is assuming that a subcontractor, supplier, staffing company or another employer has already provided the necessary training. OSHA frequently expects employers to coordinate safety responsibilities and verify that workers have received adequate instruction regarding hazards to which they may be exposed. 

This issue becomes particularly important on multi-employer construction sites. General contractors often have multiple subcontractors working simultaneously, each bringing different products and materials onto the project. A flooring contractor may use adhesives, a painting contractor may use coatings and solvents, and a concrete contractor may utilize curing compounds or specialty chemical treatments. Workers may be exposed to hazardous substances generated by employers other than their own requiring further coordination, specifically, by general contractors with supervisory authority over the worksite, as they may be held liable if they knew or should have known of the violation and failed to take reasonable steps to ensure compliance.

A compliant hazard communication program should include several key components. First, employers should maintain a current inventory of hazardous chemicals present on the project. Second, Safety Data Sheets should be readily accessible to employees during their work shifts. Third, containers should be properly labeled. Fourth, employees should receive training regarding chemical hazards before exposure occurs and whenever new hazards are introduced into the workplace.

Most importantly, training should be practical and site-specific. Employees should understand which chemicals they may encounter, the health effects associated with those products, required personal protective equipment, emergency procedures, and where Safety Data Sheets are located.

Documentation also remains critical. Training records, attendance sheets, SDS inventories and written hazard communication programs often become key evidence during OSHA inspections. The absence of documentation frequently creates challenges when employers attempt to demonstrate compliance after the fact.

The lesson from H.G. Arias & Associates is not that employers can rely upon technical deficiencies in OSHA’s proof. Rather, the decision serves as a useful reminder that hazard communication remains a core OSHA enforcement priority and that employers must ensure workers understand the chemical hazards associated with their work.

Construction sites are constantly changing environments. New materials arrive daily, subcontractors come and go, and work activities evolve throughout a project. However, a strong hazard communication program helps ensure employees present on site understand the risks associated with the products they use and provides them with the information necessary to work safely.

About the author: Costas Cyprus, Esq., is a partner at the firm of Welby, Brady & Greenblatt, LLP, in White Plains, NY. He practices construction law and commercial litigation and can be reached at 914-428-2100 and at ccyprus@wbgllp.com. The articles in this series do not constitute legal advice and are intended for general guidance only.

Published: June 18, 2026.