1. Introduction
In the past decade, construction worker safety has become a major concern of the United States construction industry. This is due in part to the high costs associated with construction worker injuries, including the costs of workers’ compensation insurance, the indirect costs of injuries, the increased chance of liability suits, and also the rise in criminal prosecutions of employers who allow work in unsafe conditions. While many construction parties might ultimately bear a portion of these costs, the responsibility has primarily been placed on the employer, typically the general contractor.
Through the highly litigious nature of the U.S. construction industry, many parties have been brought into litigation regarding worker injuries. This is especially true of owners, a party to the construction project which is often viewed as possessing the most resources. As a result, many owners have become more concerned about safety performance on their projects. Increased concern is evident in contract language which has tended to become more proactive on safety. It is also evidenced through the increased role that owners now play in monitoring project safety during construction. In addition, owners commonly award contracts to firms who have demonstrated the ability to deliver projects safely.