---
title: Court Limits Employer Liability for Workplace Safety of Independent Contractors
---

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# [Court Limits Employer Liability for Workplace Safety of Independent Contractors ](https://promotion-payroll-hr.pinnaclehro.com/human-resources-articles/bid/67491/Court-Limits-Employer-Liability-for-Workplace-Safety-of-Independent-Contractors)

 Written by [Michael Allen](https://promotion-payroll-hr.pinnaclehro.com/human-resources-articles/author/michael-allen) | Fri, Oct 14, 2011

In an important ruling for employers, the California Supreme Court clarified  
an employer’s duty relating to workplace safety of independent contractors. The  
court held that an employer can delegate the duty to ensure the safety of the  
specific workplace that is the subject of the contract to the independent  
contractor.

The court also held that the employer will generally not be liable if one of  
the independent contractor’s workers is then hurt on the job. *SeaBright v.  
US Airways*, 52 Cal.4th 590 (2011).

##### Level of Responsibility

The case involved an airline that hired an independent contractor to maintain  
and repair a conveyor used to move to luggage.

US Airways hired Lloyd W. Aubry Co. (Aubry) to maintain and repair US  
Airways' luggage conveyor at San Francisco International Airport. Because Aubry  
was hired as an independent contractor, the airline did not direct Aubry’s work  
or direct airline employees to participate in Aubry’s work.

Aubry employed Anthony Verdon Lujan, who was injured while performing an  
inspection of the conveyor. Verdon’s arm got caught in the conveyor's moving  
parts, and the conveyor lacked certain safety guards required by  
regulations.

Aubry’s workers’ compensation insurer, SeaBright Insurance, paid Verdon  
benefits based on his injury. SeaBright then sued US Airways, claiming the  
airline caused Verdon’s injury and seeking to recover what it paid in benefits.  
Verdon also sued US Airways for negligence.

SeaBright argued that US Airways was liable because of its obligations under  
Cal/OSHA to provide a "safe workplace." The issue was whether US Airways could  
delegate that obligation to its contractor, with respect to the safety of the  
contractor’s employees. The California Supreme Court held that it could.

The court noted that the general rule is that when employees of independent  
contractors are injured in the workplace, they cannot sue the person or entity  
that hired the contractor to do the work. *Privette v. Superior Court*, 5  
Cal.4th 689 (1993)

The court held that when a company hires an independent contractor, the  
company delegates to the contractor any legal duty it owes to the contractor’s  
employees to ensure the safety of the specific workplace that is the subject of  
the contract.

The company which hired the independent contractor would face liability for  
the injury only if the company retained control over the independent  
contractor’s work and exercised control in a way that "affirmatively  
contributed" to the injury. *Hooker v. Department of Transportation*, 27  
Cal. 4th 198 (2001)

The ruling does not change the fact that US Airways owes its own employees  
the duty to provide a safe workplace and that the airline cannot delegate that  
duty.

### Best Practices

- Clarify any duties and responsibilities that you are delegating to your  
  independent contractor
- Carefully describe in your independent contractor agreement who is  
  responsible for duties such as workplace safety
- Once you delegate those duties to your independent contractor, relinquish  
  control
- Exercising control over the work performed, including time and location, is  
  one of the most common <http://links.email.calchamber.com/ctt?kn=79&ms=MzcxNTczMTgS1&r=MzAyNTYzNjU3NAS2&b=0&j=MTE0MDcyNDY5S0&mt=1&rt=0>misclassification mistakes
- If you continue to control how your independent contractor performs and  
  handles its duties and responsibilities, you could be liable - - regardless of  
  what your written agreement says

Copyright: HRC/Cal Chamber

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