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Department of Labor holds total authority for enforcement of OSH A reflations.
“If you don’t shut that contractor down (for failure to comply with stipulated safety regulations) and something happens, who does it fall back on?” Gore asked.
“Not the Water and Sewer Authority — the contractor,” the engineer answered. “The contractor is the employer and as such, has the ultimate responsibility for the safety of his employees.”
If a tourist or a passer-by in Sperryville is injured, who then bears responsibility, inquired Johnson.
“Ultimately, I believe the courts would have to decide that,” the engineer said. If a contractor fails to close a ditch — in violation of safety regulations — “we can tell him it’s not safe. We can tell him we want it closed up but we can’t force him to do it,” Gerhart said, adding that BuchardtHorne’s inspectors on the job would, of course, document all such warnings. He repeated, however, that his firm can’t insure compliance with safety regulations. “We work and report to you folks,” he told the WSA members. “We have no contractual relationship with the contractor at all.”
So if the contractor doesn’t meet safety standards, “you report it to us and we file a complaint with OSH A?” Dennis asked.
“I’m not sure you can even legitimately file a complaint,” Gerhart replied. “Only very specific people can. . . and I KNOW that the inspector on the job can’t.” The engineering
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