Legal Memorandum: Duty to Have Fall Protection

Issue: Does an owner and general contractor owe statutory duties to an invitee as prescribed by OSHA?

Area of Law: Real Estate Law
Keywords: Statutory duties; Owner and general contractor; Excavation
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: 29 C.F.R. 1926.651(f), 1926.501(b)(7)(1999)
Date: 09/01/2000

When mobile equipment is used near an excavation, and the operator does not have a clear view of the edge, the entity controlling the worksite must use a warning system such as barricades, signals, or stop logs.  29 C.F.R. 1926.651(f) (1999).  These regulations also require that a company use guardrails, fences, or barricades to protect workers from falling into holes six (6) or more feet deep.  29 C.F.R. 1926.501(b)(7) (1999). 


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