A worker employed by a glass subcontractor died after falling from the tenth floor of a hospital construction project. The general contractor (Lee Lewis Construction) was sued for negligence and gross negligence. The Texas Supreme Court ruled that because the general contractor retained control over fall-protection safety measures on the job, it owed a legal duty to protect the subcontractor's employee. The court upheld a $12.9 million judgment against the general contractor, establishing that general contractors cannot escape liability for safety by simply hiring subcontractors.
General contractors who retain control over safety systems—including fall protection—are legally responsible for subcontractor employee safety, even if a subcontractor is directly employing the worker.
Document in writing which party controls specific safety measures. If you're a subcontractor, clarify in your contract that you retain control of your own fall-protection systems to reduce the general contractor's claimed authority over your safety practices.