Can a controlling contractor require a subcontractor to provide a safe plan of action before returning to work and if so give an example

Source excerpt

- b. Control Established by a Combination of Other Contract Rights: Where there is no explicit contract provision granting the right to control safety, or where the contract says the employer does not have such a right, an employer may still be a controlling employer. The ability of employer to control safety in this circumstance can result from a combination of contractual rights, which together, give it broad responsibility at the site involving almost all aspects of the job. Its responsibility is broad enough so that its contractual authority necessarily involves safety. The authority to resolve disputes between subcontractors, set schedules and determine construction sequencing are particularly significant because they are likely to affect safety. NOTE: Citations should only be issued in this type of case after consulting with the AAG. - i. EXAMPLE 9: Construction manager M is contractually obligated to: set schedules and construction sequencing, require subcontractors to meet contract specifications, negotiate with trades, resolve disputes between subcontractors, direct work and make purchasing decisions, which affect safety. However, the contract states that M does not have a right to require compliance with safety and health requirements. Further, Subcontractor S asks M to alter the schedule so S would not have to start work until Subcontractor G has completed installing guardrails. M is contractually responsible for deciding whether to approve S's request. ## Analysis: - Step 1: Even though its contract states that M does not have authority over safety, the combination of rights actually given in the contract provides broad responsibility over the site and results in the ability of M to direct actions that necessarily affect safety. For example, M's contractual obligation to determine whether to approve S's request to alter the schedule has direct safety implications. M's decision relates directly to whether S's employees will be protected from a…

Source excerpt

## D. Correcting Employer - 1. Step 1: Definition: A correcting employer is one responsible for correcting a hazardous condition, such as installing or maintaining safety and health devices or equipment or implementing appropriate health and safety procedures. - 2. Step 2: Action: Reasonable care to prevent and discover hazards at the worksite shall be determined by the scale, nature and pace of the work, and the amount of activity of the worksite. A correcting employer may be cited if it does not exercise such care in preventing and discovering hazards and does not ensure such hazards are corrected in a prompt manner. - 3. EXAMPLE 5: Employer C, a carpentry contractor, is hired to erect and maintain guardrails throughout a large, 15-story project. Work is proceeding on all floors. C inspects all floors in the morning and again in the afternoon each day. It also inspects areas where material is delivered to the perimeter once the material vendor is finished delivering material to that area. Other subcontractors are required to report damaged/missing guardrails to the general contractor, who forwards those reports to C. C repairs damaged guardrails immediately after finding them and immediately after they are reported. On this project few instances of damaged guardrails have occurred other than where material has been delivered. Shortly after the afternoon inspection of Floor 6, workers moving equipment accidentally damage a guardrail in one area. No one tells C of the damage and C has not seen it. A UOSH inspection occurs at the beginning of the next day, prior to the morning inspection of Floor 6. None of C's own employees are exposed to the hazard, but other employees are exposed. Analysis: Step 1: C is a correcting employer since it is responsible for erecting and maintaining fall protection equipment. - Step 2: The steps C implemented to discover and correct damaged guardrails were reasonable in light of the amount of activity and size of the pro…