Contractor’s Toolbox – Is subcontractor safety any of your business?
Abstract: When a general contractor was cited for its subcontractor’s safety violations — even though the safety of only the subcontractor’s employees was at stake — the contractor appealed. But the U.S. Court of Appeals for the Eighth Circuit upheld the citation. Although this case is binding in only the midwestern states included in the Eighth Circuit, it’s likely that OSHA will continue to enforce its controlling employer citation policy in other locales. Contractors will be wise to modify construction contracts to require subcontractors to comply with OSHA safety requirements as well as the contractor’s safety plan.