What Are a Contractor's Obligations for Construction Safety?

General contractors in New York hold primary responsibility for construction site safety under federal OSHA regulations and New York Labor Law. These obligations are absolute and non-delegable, meaning contractors cannot shift their duty to protect workers, visitors, and the public to subcontractors or other parties, even when specific tasks are performed by others.

A general contractor's core obligations include ensuring fall protection and safe elevated work surfaces, providing proper safety equipment and training, maintaining regular site inspections, complying with OSHA standards and New York Labor Law §§ 200, 240, and 241, and implementing emergency preparedness plans. Under OSHA's multi-employer citation policy (29 CFR § 1926.20), general contractors can be cited for hazards affecting any worker on site, regardless of direct employment relationships.

Key Takeaways

• General contractors have non-delegable duties under New York Labor Law §§ 200, 240, and 241 to maintain safe construction sites, including absolute liability for gravity-related injuries under the "Scaffold Law."
• OSHA's multi-employer worksite doctrine allows general contractors to be cited for any site hazard they have authority to correct, even if created by a subcontractor.
• The "Fatal Four" (falls, struck-by incidents, electrocutions, and caught-in/between accidents) account for the majority of construction deaths and are preventable with proper safety measures.
• Contractors must maintain documented safety programs, conduct regular inspections, verify worker training and certifications, and implement task-specific Job Hazard Analyses (JHAs).
• Poor safety management leads to OSHA citations, increased workers' compensation costs, higher Experience Modification Rates (EMR), and potential strict liability under New York Labor Law.

What Is Contractor Safety Management?

Contractor safety management is the systematic process by which a contractor plans, organizes, supervises, and controls all aspects of safety on a construction site to comply with legal requirements and protect workers, the public, and property.

Under New York State Industrial Code Part 23 (12 NYCRR Part 23), "employers, owners, contractors and their agents" must provide or cause to be provided the working conditions, safety devices, methods, and procedures required by the Code for construction, demolition, and excavation operations. This includes ensuring all safety devices, safeguards, and equipment are kept sound and operable, providing a safe place to work and protecting persons lawfully frequenting the area, and designating a competent and experienced individual to supervise work and enforce safety rules.

In practice, this means the contractor must have a written safety program, a site-specific safety plan, and qualified personnel (competent persons, safety representatives, and, where required, a licensed Site Safety Manager) actively overseeing the work.

The construction sector remains one of the most dangerous industries in the US. More than 1,000 worker deaths are reported annually, with 2.4 out of every 100 full-time workers experiencing injuries or illnesses in 2023.

If you're injured due to unsafe conditions and contractor negligence, you may have rights to compensation beyond basic workers' compensation through a personal injury claim.

Contractor Safety Obligations and Who Is Responsible

Under New York law, the primary safety obligations fall on the contractor, but responsibility is shared among multiple parties depending on control and role.

Who Is Legally Responsible?

On most construction sites, there's a main contractor, called a general contractor, who holds primary responsibility for site safety. This general contractor coordinates all other contractors (called subcontractors) and must protect everyone on site, including workers, visitors, and even passersby.

Contractor (and employer): The contractor is an "employer" under Labor Law and Part 23 and must provide a safe workplace, proper safety devices, and training for its own employees and any workers under its direct control.

Owner and general contractor: Under Labor Law §§ 200, 240, and 241, owners and general contractors can be held liable for unsafe conditions on the site, especially where they have authority to supervise, control, or correct hazards.

Subcontractors: Each subcontractor is responsible for the safety of its own employees and for complying with the prime contractor's safety plan and applicable rules.

OSHA's multi-employer citation policy also recognizes that general contractors can be cited for hazards affecting any worker on site, not just their own employees, if they have supervisory authority over the work area.

A Non-Delegable Duty

Under federal law, as well as New York Labor Law §§ 200, 240, and 241, this responsibility is absolute and non-delegable. This means contractors cannot shift this duty to others, even when specific tasks are handled by subcontractors.

The non-delegable nature of these responsibilities is further supported by New York case law, especially for property owners, such as Haimes v. New York Telephone Co. (1978).

OSHA's General Duty Clause, codified in 29 U.S.C.A. § 654(a), reinforces the responsibility by mandating that employers provide a workplace free from recognized hazards likely to cause serious harm.

General Contractor Duties vs Subcontractor Duties

General Contractor Duties

A general contractor (or construction manager with supervisory authority) has broad safety responsibilities under both state and federal law.

Key duties include:

Overall site safety: Ensuring that the site as a whole complies with Labor Law, Part 23, OSHA, and local codes (e.g., NYC Construction Codes).

Supervision and coordination: Designating a competent person and, on larger NYC projects, a licensed Site Safety Manager or Registered Construction Superintendent to oversee safety.

Safety planning: Developing or approving a site-specific Site Safety Plan that includes hazard analyses, emergency procedures, and work-specific programs (fall protection, scaffolding, excavation, etc.).

Subcontractor oversight: Requiring subcontractors to have their own safety programs, verify training and certifications, and comply with the prime contractor's safety rules.

Inspections and corrections: Conducting regular documented inspections and taking prompt corrective action when hazards are found.

Subcontractor Duties

Each subcontractor is responsible for the safety of its own employees and for the work it performs.

Key duties include:

Compliance with site rules: Following the prime contractor's Site Safety Plan, JHAs, and all applicable safety procedures.

Employee protection: Providing required PPE, training, and safe tools and equipment to its workers.

Hazard control: Identifying and controlling hazards related to its specific work (e.g., welding, excavation, electrical) and reporting unsafe conditions to the general contractor.

Documentation: Maintaining records of training, inspections, and incident investigations as required by OSHA and the contract.

What Responsibility Looks Like on Multi-Employer Job Sites

On multi-employer sites, responsibility is allocated based on the "multi-employer worksite doctrine" under OSHA and New York law.

Four roles are typically recognized:

Creating employer: The employer whose own actions or inaction created the hazard (e.g., a subcontractor that erects an unsafe scaffold).

Exposing employer: The employer whose employees are exposed to the hazard (e.g., a subcontractor whose workers are on the unsafe scaffold).

Correcting employer: The employer responsible for correcting the hazard (often the general contractor or the employer with authority over the area).

Controlling employer: The employer with general supervisory authority over the site (e.g., the general contractor or owner's construction manager).

In New York, a general contractor or construction manager can be held liable under Labor Law § 240 or § 241 if it had the authority to supervise safety and correct the unsafe condition, even if the hazard was created by a subcontractor.

Incidentally, the case of Wright v. Belt Associates, Inc. (1981) shows that general contractors are not always responsible for hazards caused by subcontractors. For them to be held liable, they must have direct control over the specific area or task that caused the injury. However, this also reinforces the responsibility of contractors to actively oversee safety measures and ensure clear communication with all workers on-site to reduce risks and accidents.

What Safety Responsibilities Does Your General Contractor Have?

Training and Communication

Safety training is a critical part of a contractor's obligations. Every worker on site must receive proper safety training in a language they understand. This starts with initial orientation for new workers and continues with regular risk awareness programs and "toolbox talks" about specific hazards.

When new equipment or procedures are introduced, additional training is required to ensure workers understand potential risks and safety protocols.

Equipment and Site Maintenance

Contractors must ensure all equipment and machinery on site is properly maintained and inspected regularly. Failure to meet this standard can lead to OSHA citations under 29 CFR § 1926.20, which sets general safety provisions for construction work.

Under New York Labor Law § 240 (known as the "Scaffold Law"), contractors have specific obligations regarding fall protection and elevated work surfaces. These responsibilities include ensuring that scaffolding is constructed, placed, and operated to provide proper protection to workers, providing devices such as guardrails and safety nets to prevent falls from elevated work areas, and supplying workers with appropriate fall protection gear, such as harnesses and lifelines, and ensuring their proper maintenance.

Supervision and Safety Management

General contractors are required to implement active safety oversight by qualified personnel. 29 CFR § 1926.20 permits the agency to cite general contractors for hazards affecting any worker on-site, regardless of their direct employment relationship.

Key responsibilities include employing qualified safety managers and conducting regular documented inspections. OSHA regulations require competent persons for hazard identification, routine inspections, and safety oversight (29 CFR § 1926.20(b)(2)). Addressing hazards promptly when identified is also critical. OSHA enforces corrective actions for identified hazards, and failure to do so often leads to citations under the General Duty Clause or specific standards.

Emergency Preparedness

OSHA regulations, specifically 29 CFR § 1926, require written emergency action plans (EAPs) for certain hazardous work environments, including construction. Your contractor must develop written emergency procedures and establish evacuation routes and assembly points (1926.35), and maintain first-aid supplies and trained personnel (1926.50).

OSHA Compliance and Documentation

Meeting OSHA standards isn't optional. It's a legal requirement that carries serious penalties. The contractor must allow unannounced OSHA inspections. OSHA has the authority to conduct inspections without prior notice, as per the OSH Act of 1970.

Maintain accurate injury and illness records. This is mandated under 29 CFR § 1904, which outlines recordkeeping requirements for work-related injuries and illnesses.

Post required safety notices and warnings. OSHA mandates the posting of specific notices (e.g., OSHA Job Safety and Health: It's the Law poster) and warnings related to hazards.

Report serious accidents within mandatory timeframes. Contractors must keep detailed records of workplace injuries and report serious accidents promptly, within 8 hours for fatalities and 24 hours for serious injuries (OSHA's regulation at 29 CFR § 1904.39).

Proper safety measures could prevent nearly all of the "Fatal Four" construction accidents: falls, struck-by incidents, electrocutions, and caught-in/between accidents. Thus, the contractor's safety obligations directly affect your well-being on the job site. When these responsibilities aren't met, the risk of serious injury increases significantly.

Why Contractor Safety Management Matters

Effective contractor safety management is not just a best practice. It is a legal and business imperative under New York and federal law.

Increased Safety Risks

Construction remains one of the most hazardous industries, with falls, struck-by incidents, electrocutions, and caught-in/between events being leading causes of death and serious injury.

In New York City, falls from elevation are the leading cause of construction fatalities, followed by struck-by and caught-in incidents. Poor contractor safety management (inadequate fall protection, unguarded openings, unsafe scaffolding, and lack of supervision) directly increases these risks.

Regulatory Exposure

Contractors face significant regulatory exposure from OSHA citations. Common violations include inadequate fall protection, unsafe scaffolding, ladder hazards, and failure to train.

New York State Labor Law violations of Labor Law §§ 200, 240, and 241 can lead to strict liability for gravity-related injuries and other serious accidents.

New York City DOB and DDC rules require NYC projects to comply with the Construction Codes, Site Safety Manager requirements, and agency-specific safety plans (e.g., DDC's Site Safety Plan and JHA requirements).

Penalties can include stop-work orders, substantial fines, and debarment from public work.

Damaged Safety Performance

Poor safety management leads to higher incident rates, increased workers' compensation costs, and a worse Experience Modification Rate (EMR), which in turn raises insurance premiums and can disqualify a contractor from bidding on public or large private projects.

A history of OSHA violations, fatalities, or serious injuries is a key factor in prequalification and safety questionnaires used by public agencies and large owners.

Missed Compliance Gaps

Without a formal safety management system, contractors often miss critical compliance gaps, such as failure to conduct required Job Hazard Analyses (JHAs) for specific tasks, inadequate or missing site-specific plans (fall protection, excavation, confined space, hot work), and lack of documented training, inspections, and incident investigations.

These gaps can be used as evidence of negligence or violation of Labor Law in personal injury and wrongful death cases.

Key Elements of an Effective Contractor Safety Program

An effective contractor safety program in New York should include the following core elements, aligned with OSHA, Part 23, and NYC requirements.

Prequalification and Risk Assessment

Use a safety questionnaire to evaluate a contractor's OSHA injury/illness rates, EMR, violation history, and past performance on public projects. Conduct a pre-job risk assessment to identify site-specific hazards (heights, excavation, confined spaces, energized equipment, etc.) and determine required controls.

Contractor Onboarding and Orientation

Require all contractors and subcontractors to review and acknowledge the Site Safety Plan, JHAs, and site-specific rules before mobilization.

Provide a documented site-specific safety orientation that covers site layout and emergency procedures, hazard communication and PPE requirements, and reporting procedures for hazards, incidents, and near misses.

Safety Training and Certification Verification

Verify that all workers have completed required training, such as OSHA 10-hour or 30-hour construction safety course, and task-specific training (scaffolding, fall protection, confined space, hot work, crane operation, etc.).

Maintain and make available training records (certificates, logs) for inspection by OSHA, DOB, DDC, or other authorities.

Work Permits and Access Control

Implement a permit system for high-risk activities, including hot work (welding, cutting, brazing), confined space entry, excavation and trenching, and working over or near energized equipment.

Control access to the site and high-hazard areas through sign-in/sign-out logs, badges, and barricades.

On-Site Oversight and Supervision

Designate a Project Safety Representative and, where required, a Competent Person and/or Site Safety Manager to be present on site during work hours.

Conduct documented daily safety inspections and weekly safety meetings, with records kept on site. Ensure that supervisors actively enforce safety rules, correct unsafe acts and conditions, and communicate with all trades.

Incident Management and Feedback

Establish clear procedures for immediate reporting of incidents, near misses, and unsafe conditions, securing the scene and preserving evidence, and conducting root-cause investigations and implementing corrective actions.

Use incident data to update JHAs, training, and safety procedures and to provide feedback to workers and management.

Post-Job Review and Documentation

Conduct a post-job safety review to evaluate incident and near-miss trends, effectiveness of controls and training, and compliance with the Site Safety Plan and permits.

Archive all safety records (training, inspections, JHAs, incident reports, permits) for the required retention period (typically 5 years under OSHA and state rules).

How Can Construction Site Safety Violations Injure You?

Safety violations on construction sites put workers at risk and can directly impact your legal rights and compensation options if you're injured. Under New York Labor Law § 200, contractors and property owners are legally required to provide a safe working environment. Failing to meet these obligations can make them liable for injuries, even if they didn't directly cause the accident.

Common Safety Violations

Some of the most frequent safety violations that can cause you injury include missing or inadequate fall protection equipment, improper scaffold construction or maintenance, lack of proper training programs, missing guards on power tools and equipment, inadequate personal protective equipment, poor hazard communication, and unsafe electrical practices.

Steps to Protect Yourself

When safety measures aren't followed, accidents become more likely. For example, falls account for over one-third of construction deaths in 2021. If you notice safety problems, protect yourself by documenting violations with photos or videos when safe to do so, reporting issues to supervisors in writing, keeping copies of all safety-related communications, and filing complaints with OSHA if necessary.

Remember, New York law protects you from retaliation for reporting safety violations. This documentation strengthens your position if you need to file a claim later.

What to Do After a Construction Safety Failure Causes an Injury

When a construction safety failure causes an injury, the injured worker and their employer must act quickly to protect health, benefits, and legal rights.

What to Document and Preserve

Medical records: Obtain and keep all medical records, including emergency room reports, imaging, surgery notes, and treatment plans.

Incident details: Document the date, time, and exact location of the incident, description of what happened (equipment involved, task being performed, safety devices used or missing), and names and contact information of all witnesses.

Site evidence: If possible, take photographs or video of the accident scene (before cleanup), damaged equipment, scaffolding, fall protection, or other safety devices, and warning signs, barricades, or lack thereof.

Employer records: Preserve or request copies of the accident report filed with the employer, safety training records and certifications, and Site Safety Plan, JHAs, and inspection logs.

When to Talk to a Lawyer

Immediately after a serious injury: If the injury involves a fall from height, struck-by incident, electrocution, amputation, or fatality, consult a construction accident lawyer as soon as possible to preserve evidence and protect rights under Labor Law §§ 240 and 241.

If there is a dispute about benefits: If the employer or insurer denies workers' compensation, delays treatment, or pressures the worker to return too soon, legal advice is critical.

Before giving statements: Do not give recorded statements to insurers or third parties without first speaking to a lawyer, especially in cases involving Labor Law claims or third-party liability.

Contact the Porter Law Group today for assistance on your construction injury claim, and speak to an experienced construction accident lawyer. We offer free, no-obligation consultations, and work on a contingency fee basis, so unless we secure a favorable outcome, you won't owe us anything.

A Case Review on Workplace Safety

In the case of Bradley v. Morgan Stanley & Co., Inc., 21 A.D.3d 866 (N.Y. App. Div. 2005), contractors were held liable for unsafe conditions they either created or failed to remedy, reinforcing the principle that safety obligations cannot be ignored.

The court ruled that the absence of required safety devices, such as guardrails or fall protection systems, constituted a clear violation of the law. Additionally, it found sufficient evidence to suggest the defendants had actual or constructive notice of the hazardous conditions, further cementing their liability.

Key Takeaways from the Case

Non-delegable Duty: This case emphasizes the absolute duty imposed on property owners and contractors to maintain safe working environments. Under Labor Law § 240(1), liability cannot be transferred or avoided when safety regulations are violated.

Significance of Safety Equipment: The court underscored the role of proper safety devices in preventing workplace accidents. The failure to provide these devices directly contributed to Bradley's injury, establishing a clear basis for liability.

No Worker Negligence Defense: The court affirmed that even if a worker contributes to their own injury, it does not preclude liability when statutory violations, such as the absence of safety measures, are evident.

What Does This Mean for Workplace Safety?

The decision in Bradley v. Morgan Stanley & Co., Inc. serves as a reminder that employers and contractors must actively ensure compliance with safety regulations to protect workers. It also demonstrates how courts hold employers accountable for injuries resulting from preventable hazards.

By failing to remedy unsafe conditions and neglecting their statutory obligations, the defendants in this case became liable for the plaintiff's injuries.

Mistakes to Avoid in Contractor Safety Management

Common mistakes that increase liability and risk on New York construction sites include:

Delegating safety without oversight: Simply requiring subcontractors to "be safe" without active supervision, inspections, and enforcement.

Failing to verify training and certifications: Allowing workers on site without confirming OSHA 10-hour, scaffold, fall protection, or other required training.

Ignoring JHAs and site-specific plans: Relying on generic safety rules instead of documented, task-specific hazard analyses and procedures.

Poor incident response: Failing to secure the scene, investigate root causes, and implement corrective actions after an incident or near miss.

Inadequate documentation: Not maintaining or making available training records, inspection logs, permits, and safety plans, which can be used as evidence of non-compliance.

What Compensation Can You Seek After a Construction Site Injury?

After a construction site injury, New York law provides several paths to compensation. The specific options available depend on what caused your accident and who was responsible.

Workers' compensation benefits typically cover:

Medical Treatment Costs: New York workers' compensation covers all reasonable and necessary medical treatment related to the injury.

Lost Wages: Injured workers are entitled to receive wage replacement benefits, typically two-thirds of their average weekly wage, capped at a state-defined maximum.

Disability Benefits: Permanent or temporary disabilities are compensated based on the extent of the worker's impairment.

Rehabilitation Expenses: Workers' comp covers vocational rehabilitation if the injury impacts the worker's ability to return to their previous job.

However, under New York Labor Law §§ 240 and 241, you may have additional rights beyond workers' compensation. These laws allow injured workers to file what's called a "third-party claim" against contractors, property owners, or equipment manufacturers, which can provide additional compensation, including full recovery of lost wages, future medical expenses, pain and suffering damages, loss of earning capacity, and loss of quality of life.

FAQ

What Are the Responsibilities of a Contractor in Safety?

A contractor must provide a safe workplace and protect workers from recognized hazards (falls, falling objects, electrocution, etc.), ensure all safety devices, equipment, and safeguards are in good repair and used properly, designate a competent and experienced supervisor to oversee work and enforce safety rules, and comply with OSHA, New York Labor Law, Part 23, and local codes (including NYC Construction Codes and agency requirements).

What Are the Contractor Safety Requirements?

Key requirements include:

Fall protection: Guardrails, safety nets, or personal fall arrest systems for work 6 feet or more above a lower level.

Scaffolding: Scaffolds must support their own weight plus four times the intended load, have fully planked platforms, and guardrails on open sides above 10 feet.

Excavation: Use protective systems (sloping, shoring, shielding) and designate a competent person to inspect trenches daily.

PPE: Provide and require use of hard hats, safety glasses, fall protection, and other appropriate PPE based on the hazard.

Training: Provide hazard communication, fall protection, scaffold, and other required training, and keep records.

Is a Contractor Responsible for Safety?

Yes. Under New York Labor Law and Part 23, the contractor (as an employer) is legally responsible for providing a safe workplace and proper safety devices for its employees and any workers under its control. In multi-employer sites, the general contractor or controlling employer can also be held liable for hazards it has the authority to correct.

Who Is Ultimately Responsible for Your Safety as a Contractor?

Under New York law, the general contractor or controlling employer holds ultimate responsibility for overall site safety and has non-delegable duties under Labor Law §§ 200, 240, and 241. However, each contractor and subcontractor remains responsible for the safety of its own employees and must comply with the site safety plan and applicable regulations. OSHA's multi-employer worksite doctrine recognizes that responsibility is shared based on control, with the general contractor typically serving as the "controlling employer" who can be cited for any site hazard it has authority to correct.

Speak to a Construction Accident Lawyer Today

Construction workers face enough risks without dealing with negligent safety practices. If you've been injured because a contractor failed to meet their safety obligations, you have the right to seek full compensation under New York law.

Don't let unsafe conditions go unchallenged. Our expert attorneys at the Porter Law Group will fight for the compensation you deserve. Reach out to us today for a free case evaluation. Call at 833-PORTER9 or email us at info@porterlawteam.com.

Remember, New York has strict deadlines for filing injury claims, as short as 90 days in some cases. Don't wait to get legal help.