OSHA & Safety Regulations
Safety regulations under the Occupational Safety and Health Act of 1970 or OSHA have been adopted by almost all of states in at least some form. These regulations apply to work done at construction sites. The issue of who is responsible for ensuring compliance with OSHA regulations (i.e. general contractor or sub-contractor) often turns on who was in control of the job site or job activity when the injured employee was hurt. The legal effect of a violation of OSHA regulations will vary, depending on the state in which the injury took place. In certain jurisdictions, if it can be shown that an OSHA regulation was violated and an injury resulted, nothing more need be proven to show negligence..
The OSHA Regulations are not the only legal standards to which a property owner, general contractor, or sub-contractor can be held liable. Often the property owner or general contractor will have his or her own set of rules, either generally applicable or specific to a construction project, designed to protect those performing work on the project. Violations of these regulations can also serve to prove negligence for a construction accident.
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