DELEGATION OF SAFETY RESPONSIBILITY BY A “PRIME” OR “GENERAL” CONTRACTOR TO A “SUB” CONTRACTOR
When a prime or general contractor engages one or more sub-contractors, the sub-contractor should have a verifiable, high quality safety program. When the prime or general contractor assigns certain safety management responsibilities to a sub-contractor, reasonable adherence to state-of-the-art prudent practice holds that such a sub-contractor shall be deemed to have joint responsibility for jobsite safety. That is, while responsibility for jobsite safety may be shared with a sub-contractor, the prime or general contractor retains overall responsibility.
To illustrate this point, consider the following comparison. When a prime or general contractor delegates construction tasks to one or more specialty sub-contractors, a reasonable and prudent prime or general contractor will continue to monitor the delegated work to ensure compliance with his directives and the project plans and specifications. Certainly the party that hired the prime or general contractor reasonably expects this.
In a similar fashion, due to the importance of jobsite safety, when a prime or general contractor assigns safety responsibility and associated performance to one or more specialty contractors, a reasonable and prudent prime contractor will continue to monitor the work assigned to ensure compliance with reasonable state-of-the-art safety practice and any specific safety requirements contained in the project plans and specifications. The prime or general contractor can never relinquish his overall leadership role to ensure that a reasonable, state-of-the-art safety program is established and conducted at the jobsite.
RESPONSIBILITY OF SUB-CONTRACTORS
If it can be timely arranged or the opportunity is offered to specialty craft sub-contractors, they should actively participate in the development of the overall project safety program established during pre-job safety planning sessions conducted by the prime or general contractor, so that hazards specific to their trade are addressed. Regardless, sub-contractors have the responsibility to (a) actively participate and adhere to the safety program advanced by the prime and general contractors presented to them during pre-job planning sessions, (b) establish and implement their own safety program relative to general safe work methods and specific craft hazards not requiring assistance, cooperation, or coordination with others, (c) utilize communication procedures established by the prime and general contractors to discuss safety issues as they arise, and (d) coordinate their craft activities with the prime and general contractors and other sub-contractors as such work might relate to the safety of all workers and other individuals at the jobsite.
© Nelson & Associates, 1993