In a significant ruling, the Washington Court of Appeals upheld penalties against SSHI LLC, a general contractor, for safety violations at a construction site. The court's decision reinforces the responsibilities of general contractors under the Washington Industrial Safety and Health Act (WISHA), particularly regarding worker safety and fall protection measures.

The case, SSHI, LLC, d/b/a D.R. Horton v. Washington State Department of Labor and Industries, No. 61243-7-II, centers on SSHI's oversight of a housing development in Lake Tapps. Following an inspection, SSHI was cited for two serious violations: allowing a subcontractor's employee to work near an unprotected edge without fall protection and failing to have a written fall protection plan. The penalties imposed by the Department of Labor and Industries totaled $99,000, later reduced to $49,500 by the Board of Industrial Insurance Appeals.

The court's ruling matters not only for SSHI but also for other general contractors in Washington. It clarifies that general contractors can be held to the same safety standards as subcontractors, emphasizing their duty to ensure compliance with safety regulations, even when direct employees are not involved.

Background

SSHI LLC, operating as D.R. Horton, was responsible for constructing a housing development in Lake Tapps, Washington. The company employed a superintendent and an assistant superintendent to oversee the construction site, while subcontractors, including Valeras Construction, performed the actual construction work.

In August 2022, a compliance investigator from the Department of Labor and Industries, Jason Ashlock, inspected the site and observed a Valeras Construction employee, Jose Valera Sr., working on the second floor of a partially constructed home without fall protection. Ashlock noted that Valera was near an unguarded edge, posing a significant fall risk. Following the inspection, SSHI received citations for serious violations of WISHA regulations, which require fall protection for workers exposed to fall hazards of four feet or more.

SSHI appealed the citations to the Board of Industrial Insurance Appeals, arguing that it should not be held to the same standard as subcontractors. The Board upheld the violations, leading SSHI to appeal to the Court of Appeals.

The Ruling

The Washington Court of Appeals affirmed the Board's decision, stating, "General contractors have per se control over the workplace under WISHA and could be cited for failure to comply with WISHA regulations even when the general contractor's own employees are not exposed to the hazard." The court emphasized that general contractors are responsible for ensuring safety compliance at construction sites and cannot delegate this responsibility to subcontractors.

Judge Glasgow, writing for the court, stated, "The Board correctly determined that the same test applies when assessing the liability of general contractors for violations committed by subcontractors." This ruling reinforces the principle that general contractors must maintain a safe working environment for all workers on their sites.

Impact

The court's decision has significant implications for general contractors in Washington. It clarifies that they are subject to the same safety standards as subcontractors, particularly regarding fall protection. This ruling may lead to increased scrutiny of general contractors' safety practices and a greater emphasis on compliance with WISHA regulations.

Moreover, the ruling sets a precedent that could affect future cases involving contractor liability for safety violations. General contractors must now be more vigilant in ensuring that all workers, including those employed by subcontractors, adhere to safety standards to avoid potential penalties.

What's Next

SSHI may consider appealing the decision, but the court's ruling is a significant affirmation of the responsibilities of general contractors under WISHA. There are no related cases pending that would directly impact this ruling.