Case Summary

4970 REVIEW DENIED Neither the common law nor the applicable construction contract created a duty on the part of the subcontractor to take affirmative steps to protect those working for other employers from hazards not created by the subcontractor. However, the subcontractor did have a statutory duty of care, created by the Cal-OSHA provisions, requiring the subcontractor to report hazards to which its employees were exposed to. One who breaches this duty is liable in tort to any worker at the site that is subsequently injured by the unreported hazard.

SUAREZ v PACIFIC NORTHSTAR MECHANICAL, INC. (The Shocking Omission) 180 CA4 430 [See Labor Code §§ 6304, 6400; Cal-OSHA Reg 336.11]