Contractors can be liable for unsafe worksite injuries to "downstream" employees
If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a general contractor has or retains the right to control the manner of its subcontractors' employees' work, the general contractor is liable if an unsafe jobsite condition injures one of those "downstream" employees.
In Aucoin v. C4Digs, Inc., 32 Wash. App. 2d 103, 555 P.3d 884 (2024), the general contractor had blocked off an area on the jobsite for deliveries.[1] When material suppliers attempted to deliver to an alternate location adjacent to the jobsite, the general contractor directed them to the designated delivery location.[2] On one occasion when the general contractor was absent, an employee for a material supplier to one of the general contractor's subcontractors attempted to deliver pavers.[3] A car was parked in the designated loading zone, so the employee tried to go to the alternate location.[4] Unfortunately, that location had a steep slope and the forklift tipped over, killing the employee.[5]
The employee's estate sued the general contractor (among others), claiming that the general contractor was negligent in violating its duty to maintain a safe workplace.[6] After the trial court granted the general contractor's summary judgment motion, the Court of Appeals reversed. The Court of Appeals held that the Washington Industrial Safety and Health Act and the common law both impose a duty owed to all employees at a jobsite to maintain a safe workplace if the general contractor has or retains "the right to control" the employee's work or has control over the workplace.[7] Ultimately, the Court of Appeals concluded there was a question of fact as to whether the general contractor had control over the jobsite, pointing to evidence that on prior occasions when suppliers attempted to deliver materials to the alternate location, the general contractor directed them to the designated delivery location.[8]
General contractors in Washington should understand that if they are directing how a jobsite should be operated, they will potentially be liable for injuries to any downstream employees caused by an unsafe workplace. Project owners should be aware that they are also not necessarily exempt from liability. If they are exerting control over the jobsite, they could be liable as well.[9]
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