In Massachusetts, the DIA or Department of Industrial Accidents oversees workers’ compensation claims from Construction Accidents. OSHA, the U.S. Department of Labor, Occupational, Health and Safety Administration, has Safety and Health Regulations for Construction that specifically cover construction site safety.
Likewise, Massachusetts Code Law contains construction site safety codes in certain sections of the Code of Massachusetts Regulations, in the State Building Code and State Sanitary Code. In Massachusetts, safety statutes, regulations and contractual terms usually dictate acceptable conduct on the construction site.
Under federal and Massachusetts safety regulations, the general contractor cannot delegate safety obligations on the job site to another entity, for example under contract with a safety consultant or other subcontractor.
This is why general contractors are named as defendants unless the worker was an employee of the general contractor. [Read more…]