What is a Building Owner’s Non-Delegable Duty for Fall Protection?

Be honest— when you see those window washers dangling outside your building or maintenance crews working on your rooftop mechanical systems, have you ever breathed a quiet sigh of relief, “Thank goodness that’s not my responsibility”? After all, you hired licensed professionals with their own insurance and safety protocols. But here’s the wake-up call that’s cost many of your peers millions in lawsuits: when it comes to fall protection, you can’t simply outsource your responsibility. Those workers might not be on your payroll, but their safety is absolutely on your shoulders.

Think of it this way: your building’s fall protection strategy is a lot like your fire suppression system. You wouldn’t dream of letting your sprinklers lapse just because you have a great fire insurance policy, right? Yet, time and again, property managers and building owners find themselves in legal crosshairs after treating fall protection as someone else’s problem. Under premises liability law and OSHA’s General Duty Clause, you have what’s called a “non-delegable duty” to ensure safe working conditions for height-related work. No contract, insurance policy, or contractor agreement absolves you of responsibility— and courts across the country consistently reinforce that with multi-million dollar verdicts.

The Concept of Non-Delegable Duty in Premises Liability

Non-delegable duty—the legal principle that building owners retain ultimate responsibility for safety even when hiring contractors—sounds straightforward on paper. Yet, through costly litigation, building owners have learned time and again that this doctrine has real teeth, especially in height-related work like window washing and exterior maintenance.  

Common Failures by Building Owners

Building owners often find themselves in legal hot water due to three critical oversights in fall protection. First comes the deceptively simple matter of anchor points— while they might look sturdy at a glance, inadequate design or installation has repeatedly landed owners in court when these critical connection points fail to perform their life-saving function. Just as concerning is the misconception that workers’ improper use of safety systems somehow lets owners off the hook; in reality, the responsibility for proper training and oversight ultimately traces back to ownership. 

Perhaps most dangerous is the false sense of security from having contractor agreements. Many owners learn the hard way that when it comes to inherently dangerous work like height access, no contract can fully shield them from their fundamental duty to ensure workplace safety.

Case Example Demonstrating Non-Delegable Duty

Court decisions make it clear that building owners are responsible for ensuring the safety of window-washing operations, even when independent contractors are hired. In McNeal v. Hi/Lo Powered Scaffolding, Inc., the court awarded $4.5 million to a window washer who suffered life-altering injuries after falling from a scaffold. The accident was traced back to management’s decision to remove architect-designed safety equipment in an effort to cut costs, which led to a catastrophic failure of the scaffolding system. The verdict underscored the principle that building owners have a non-delegable duty to provide safe working conditions, particularly for inherently dangerous activities such as window washing.

This case is just one of many where courts have reinforced the idea that building owners cannot sidestep their responsibilities. It’s comparable to inviting someone into your home—you cannot ignore obvious risks and claim immunity from liability. As highlighted in the legal documentation, attempting to shift this duty to contractors is a “penny wise and pound foolish” approach that fails to protect workers and ultimately exposes owners to significant legal and financial consequences.

Gravity Always Wins: OSHA’s General Duty Clause & Fall Protection

Property owners face a fundamental mandate under OSHA Section 5(a)(1), known as the General Duty Clause: provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” The language pulls no punches— you must identify and eliminate deadly hazards before anyone gets hurt, and that includes buildings where workers perform tasks at heights.

Owner Obligations Beyond Paper

Property owners often believe hiring licensed contractors closes the safety loop. Reality paints a different picture. Section 5(a)(1) holds you directly accountable for workplace safety oversight. Picture a window washer working six stories up without proper harnesses— the contractor’s insurance won’t shield you from OSHA violations. 

The General Duty Clause demands active involvement: checking safety equipment, verifying proper procedures, and stopping unsafe work immediately. When OSHA inspectors arrive, they’ll want proof you fulfilled your General Duty Clause obligations to prevent accidents, not just signed contracts.

Double Trouble: Where OSHA Meets Civil Law

The General Duty Clause creates your baseline obligations, but premises liability law raises the stakes further. Courts consistently rule that Section 5(a)(1) establishes a clear standard of care— property owners carry an absolute duty to maintain safe working conditions. A worker’s injury from inadequate fall protection could trigger both OSHA penalties for violating the General Duty Clause and civil lawsuits. That’s why smart property managers protect workers by creating safety programs, documenting meetings, and maintaining equipment. 

Don’t Let Safety Fall Through the Cracks: Your Guide to Foolproof Protection

Whether you like it or not, you’re responsible for fall protection even when contractors handle the work. So, let’s skip the corporate jargon and get straight to protecting your people and your property. Here are five real-world strategies that work:

1. Map Your Safety Zones Like a Pro: Keep your building’s protection systems running smoothly with smart inspections. Walk your property regularly to spot issues with anchor points, guardrails, and lifelines before they become problems. Pro tip: Create a digital map marking all fall protection equipment locations – it makes tracking and maintenance a breeze.
2. Build Your Safety Arsenal: Smart property managers know quality fall protection pays for itself. Set up permanent anchors, sturdy guardrails, and reliable lifeline systems that meet OSHA standards. Think of it like insurance— spend a little now to save big later. Schedule regular check-ups to keep everything working perfectly.
3. Turn Every Worker into a Safety Expert: Make fall protection second nature for everyone on your property. Run practical training sessions that show— not just tell— proper safety techniques. Role-play real scenarios and let workers practice with the equipment they’ll use. Remember: confident workers are safer workers.
4. Put Your Safety Playbook in Writing: Create clear, no-nonsense safety guidelines tailored to your building. Break down complex procedures into simple steps anyone can follow. Share these plans with contractors before they start work— it shows you mean business about safety and helps prevent costly mistakes.
5. Keep Your Contractors in Check: Watch for red flags when hiring contractors. If they’re not asking about anchor certifications before attaching equipment, that’s a major warning sign. Remember— OSHA requires you to provide these certifications in writing. Make regular site visits during contractor work, and don’t hesitate to stop unsafe practices. Your diligence today prevents headaches tomorrow.

Protecting Your People, Property, and Peace of Mind

When it comes to fall protection, there’s no room for half-measures or wishful thinking. The physics of gravity are unforgiving, and as we’ve seen through countless legal cases and OSHA violations, the consequences of inadequate fall protection can be devastating— both in human terms and to your bottom line. Your role as a property owner or manager comes with non-delegable duties you can’t contract away or ignore. Rather than viewing this as a burden, consider it an opportunity to demonstrate leadership and protect your most valuable assets: your people and your property. The time to act is now before a preventable tragedy forces your hand.

That’s where our expertise at Valcourt Group comes into play. Think of us as your strategic partner in handling the complexities of fall protection compliance and worker safety. Our approach goes beyond surface-level compliance— we help you create a rock-solid safety culture that protects workers, reduces liability, and maintains operational efficiency. From implementing state-of-the-art fall protection systems to providing expert guidance on OSHA compliance and worker training, our Fall Protection Solutions are designed to give you peace of mind while keeping your property ahead of safety requirements. 

Ready to take the next step in protecting your workers and your assets? Request a quote today and see how we can help you turn fall protection from a liability into a strength.