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Home Builders Responsible for the Safety of Subcontractors

Home builders are increasingly being held responsible for safety violations by subcontractor employees, according to American Family Insurance, making it more important than ever to select subcontractors who are safe and providing them with safe working conditions.

“Contractors can no longer hide behind the old ‘hands off’ approach or ‘hold harmless’ contract clauses,” the organization says. “Courts are increasingly eroding those protections. Job site owners and project contractors are now held wholly or partially liable for the actions of subcontractors, and for providing them safe working conditions.”

There are a number of ways to determine that a subcontractor is safe, American Family advises:

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• The Experience Modification Rate (EMR) on the contractor’s Worker’s Compensation record shows the contractor’s losses over the previous three years, compared to how many losses can be expected for that type of contractor. An EMR of 2.0, for example, indicates that the contractor has had two times the average number of losses. EMRs of 1.0 or lower indicate a safe subcontractor who generally pays lower worker’s comp rates.
• Evaluate the subcontractor’s safety program, including the frequency of field supervisor safety meetings and project safety inspections and how accident reports are handled. Management is held more accountable for safety if accident report frequency is charged against supervisors, not just to the company, American Family says.
• The subcontractor should have a formal safety program that includes an orientation for new workers and supervisors, frequent toolbox meetings, a written safety program and on-site inspections.
• Look for favorable state and Occupational Safety and Health Administration reports if the subcontractor has been inspected in recent years.
• Subcontractors should provide proof of up-to-date worker’s compensation, general liability and (if applicable) vehicle insurance.

Once a safe subcontractor has been selected, these should be included on a checklist to communicate minimum safety requirements:

• Pre-project safety planning on safety equipment, scaffolding, etc.
• Safe access to work areas
• Safety education
• Fire and lightning protection
• Proper ventilation
• Protective work clothes and gear
• Quick access to medical care
• Daily or weekly site progress meetings

For more information, e-mail George Middleton at NAHB’s Labor, Safety and Health Department, or call him at 800-368-5242 x8590.

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Safety Publications and Resources Available Through BuilderBooks.com

BuilderBooks.com offers a variety of safety publications online. To view or purchase these publications, click here.
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