Legal: Can General Contractors Make Subcontractors Pay for OSHA Violations?

March 06, 2015

According to construction Attorney Craig Martin, indemnity provisions in contracts can help general contractors avoid OSHA violation fines for offenses committed by a subcontractor.

“OSHA has long held the opinion that general contractors may be held liable for subcontractor’s OSHA violations,” Martin writes. “To combat this risk, general contractors would be well served to incorporate targeted indemnity provisions into their subcontracts that require subcontractors to pay for all claims and costs associated with subcontractor caused OSHA violations.”

See sample contract language at Construction Contractor Advisor.

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