Prior OSHA citations, a catastrophic fall, and a question of who was really in charge
Massachusetts' top court ruled a general contractor owed no duty to an injured roofer - despite knowing the subcontractor's prior safety citations.
On August 17, 2026, the Supreme Judicial Court of Massachusetts affirmed summary judgment for Skyway Roofing, Inc., ending a negligence suit brought by a worker who fell from a resort roof. For businesses that hire subcontractors, the decision shows when responsibility for on-site safety stays with the subcontractor.
The worker was replacing shingles at the Jiminy Peak Mountain Resort in Hancock in October 2021.
He was moving a stack of shingles when his safety line proved too short. He unclipped his harness to connect to another line and slipped before he could reattach it. He fell from the roof, suffered life-threatening injuries, and was airlifted to a hospital.
He worked for MBT Construction Corp., the subcontractor that Skyway, the general contractor, had hired for the roofing. According to the decision, MBT supplied its own fall protection equipment, and neither company trained MBT's workers in fall protection. The worker later filed a workers' compensation claim through MBT's insurer.
He sued Skyway for negligence and negligent hiring. He argued that Skyway controlled safety because it had listed itself as general contractor on the building permit and its contract called for a safe worksite. The court disagreed. Skyway's role, it found, was limited to delivering shingles, a boom lift, and a dumpster - none of which contributed to the fall - and to two brief site visits. MBT chose the means and methods of its own work, including how safety lines and harnesses were used.
Listing itself as general contractor on the permit did not give Skyway operational control, the court held. A contract's "general direction" language and a duty to keep the premises safe were not enough to create a duty of care.
The court also declined to recognize a negligent hiring claim by a subcontractor's own employee - even though the record showed Skyway knew MBT had been issued OSHA citations for fall protection violations on earlier jobs for other companies. Because the worker already had a workers' compensation remedy, and because the subcontract required MBT to indemnify Skyway, the court said imposing new liability would unsettle the balance struck by workers' compensation law.
Contract language and permit paperwork define who owns safety on a shared site. General oversight is not control, and control is what carries the duty.
