Product Liability, General Contractors, and Nondelegable Duties for Safe Jobsites

Presenter: Chason J. Coelho, Ph.D. CSP CFI

Recent proceedings have focused a spotlight on the role of the general contractor in providing safe construction jobsites. In turn, the behavior of general contractors has increasingly come under scrutiny through theories of both direct and vicarious liability. Such matters can also entail evaluation of product liability allegations against manufacturers.

This situation can make for a complex analysis, interpretation, and application of relevant industry standards, in addition to the OSHA Multi-Employer Citation Policy – a regulatory instrument for worksites containing multiple employers. Moreover, the application of these standards can vary significantly depending on whether a given state has an OSHA-approved state plan for its occupational safety and health regulations and on whether that state plan substantively amends the Federal OSHA Multi-Employer Citation Policy.

This presentation sheds light on the often-complicated relevant standards analysis but also illuminates how the science of physical and cognitive human behavior can assist in understanding whether and how product and regulatory issues were actually part of a given accident sequence.