The relationship between general contractors and their subcontractors can be a fruitful one but can also lead to complications, especially when safety is involved.

“One of the main things that I’m struggling with in my profession to keep people safe on a job is a general contractor approach, and lately general contractors are taking this blanket, one-size-fits-all approach to safety, which is never, ever the way we handle anything in the medical environment, the health world, the scientific world, the safety world,” said Tammy Clark, owner of Tammy K. Clark Companies and safety expert.

Understanding the Greater Hazard Clause: Safety First

Steel-toed boots are great at protecting the feet of those in the construction industry, so why not have roofers wear them too? Turns out, that would be more hazardous for contractors. In this episode, safety expert Tammy Clark explains how this is an example of when to use the greater hazard clause to keep workers safe.

In this video, Roofing Contractor Publisher Jill Bloom speaks with Clark at a jobsite about a clause on jobsite hazards. Clark is a highly credentialed Health, Safety, and Compliance professional who works in the fields of industrial hygiene, occupational and environmental health and safety.

Regarding this blanket safety approach, Clark talks about a clause that will affect subcontractors in regards to jobsite hazards and being the “Competent Person,” an OSHA term referring to a person qualified by experience that can anticipate and correct hazards on the jobsite.

“I would never come in here and tell, for example, a roofing contractor how to do their roofing work because I'm not the competent person, so I'm not going to tell you what your means and methods need to be,” she said.

Clark notes that a GC isn’t the Competent Person on the job, so taking a blanket approach does not consider the fact that they are violating the individual contractor’s Competent Person status.

As a result, a GC’s safety guidelines could create a greater jobsite hazard.

“Here’s an example: A roofing contractor determined that everyone on the jobsite has to wear steel-toed boots," she said. "They’re not taking into consideration the individual trade's work and their means and methods. So then I have to go back and say, 'OSHA does not allow us to implement any control measure, including PPE, that would create a greater hazard.'"

Clark is an in-demand lecturer and trainer, and enjoys speaking to industry organizations, trade groups, government agencies, and organizations nationwide. Her goal is to help companies create a safe working environment for employees by applying Total Quality Management principles to the company's safety program, and teaching clients how to manage their program so it is sustainable and always up-to-date.

Watch the full video here, or find the podcast version here. View our safety page for more presentations from Clark as well as other experts on how to stay safe on the job.