The general contractor on any work site has a nondelegable duty to enforce all safety regulations for all employees on site, not just the employees of the general contractor. This duty runs from all upper tier subcontractors to all lower tier subcontractors which the sub may hire on the job site. This nondelegable duty to enforce all safety regulations on all work sites applies not just to general contractors but to owners, developers and those with supervisory authority in the work place. All employers are obligated to provide a reasonably safe work place for its employees and those with whom it contracts with to furnish labor and materials for it.
If a worker is injured in the work place, he may file a worker’s compensation claim. An injured worker not only has a right to file a worker’s compensation, e.g. a Labor and Industries claim, but may also have a viable “third party claim” to recover damages against the contractor, subcontractor or any other independent trade which was negligent. This would be a claim against any negligent company or an employee of another company on a job site which caused the worker’s injury. The injured worker may file a third party claim against the employer of the negligent worker and arguably claim that the employer or its employee failed to enforce or follow certain OSHA regulations.
