In a recent case in Delaware, a subcontractor was successfully sued for $10 million by a worker who was not wearing a safety harness, contrary to OHSA regulations.
The worker figured he could work faster without the harness and thus earn more money and his $14 million verdict was reduced for his contributory negligence.
The general contractor was able to escape liability because the sub who employed the worker had contracted to ensure health and safety compliance.
The sub got nailed because it turned a blind eye to the practice, did not properly educate the worker and failed to enforce the regulations.
Lessons to be Learned:
General contractors should make sure that their subs indemnify this type of loss and provide coverage;
All should make sure that there is proper Due Diligence in place to ensure regulatory compliance;
All should check insurance coverages. $10 million is a lot of money and what starts out in the US ends up coming here;
Be ready for the H&S fallout from this type of situation. The fines aren’t pretty.
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In a recent case in Delaware, a subcontractor was successfully sued for $10 million by a worker who was not wearing a safety harness, contrary to OHSA regulations.
