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Brady v. Ralph M. Parsons Co.5/2/1990
eq. (OSHA) and the Maryland Occupational Safety and Health Act of 1973, Art. 89, §§ 28 et seq. (MOSHA) regulations be followed on all work. During the construction phase of the project, Parsons was required to
" rovide a qualified, full-time, on-site supervisory staff for the management and inspection of all construction work being performed on the Project."
Among other responsibilities, the staff was supposed to
" ecommend construction techniques to expedite the Project and assure job safety."
Parsons' contract at § 2.02.2G(5).
Pursuant to its contract, Parsons prepared a Manual for Construction Management Services which provided policies and procedures to be followed to ensure compliance with its contractual obligations with MTA. The manual is replete with references to Parsons' safety responsibility. Parsons'
chief safety engineer was responsible for the implementation and enforcement of the safety plan for the overall construction program. His specific duties included:
"a) Implement the MTA's safety program to eliminate accidents, promote maximum efficiency through safe work methods and conditions and the reduction of direct and indirect costs of accidents.
"b) Make frequent and unscheduled inspection of the work in progress and report hazards or unsafe practices to the Resident Engineers for immediate action or remedy.
"c) Conduct regular safety meetings with the Contractor's foreman and representatives of the various crafts employed on the construction program.
"d) Assure compliance with OSHA and MOSHA safety requirements and applicable codes.
"f) Ensure the contractors' compliance with the provisions of the MTA Construction Safety Manual.
"The Chief Safety Engineer will coordinate the safety program with the MTA's insurance representatives to develop, monitor, and ensure a uniform system of safety, accident prevention, and reporting procedures.
"Construction plans will be reviewed to identify and eliminate possible hazards, and to assure compliance with MOSHA standards."
Parsons' manual 4.2.1. In addition, the chief safety engineer was authorized to order a work stoppage if unsafe conditions existed. Parsons' manual at 4.2.2(d).
Appellants contend that Parsons owed a duty to the decedent as a result of its assumption of the contractual responsibility to comply with OSHA and MOSHA regulations. To the contrary, Parsons alleges that the duty to maintain a safe workplace under OSHA and MOSHA exists only between employers and their own employees. Hence, Parsons argues, since it was not the employer of the decedent, OSHA and MOSHA imposed no duties upon it with respect to the decedent. We disagree.
In Murphy v. Stuart M. Smith, Inc., 53 Md. App. 640, 455 A.2d 69, cert. denied, 296 Md. 61 (1983), we stated that, generally, the duty created by MOSHA runs from the employer to its own employees. We pointed out, however, that there are circumstances under OSHA where the employer's duty to maintain a safe workplace may be owed to someone other than its own employees. One of these circumstances is where the employer "voluntarily assumed a duty to comply with OSHA regulations for the benefit of persons other than his own employees." Murphy, 53 Md. App. at 643, 455 A.2d 69.
In Murphy, appellant was injured allegedly due to defective lighting on the premises which were leased to his employer by appellee in that action. Appellant alleged that the owner of the premises owed him a du
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