Utah Contractor Practice Exam

If an employee is injured due to a contractor overlooking a hazardous situation, who is liable?

1. The employee is not guilty of contributory negligence because safety laws were violated by the employer

2. The employee and the employer are equally guilty of negligence

3. The employee's labor contract would not cover damages

4. Everyone is at fault: The employee should not have inhaled

The correct answer is: The employee is not guilty of contributory negligence because safety laws were violated by the employer

The correct answer highlights that an employee is not guilty of contributory negligence when a contractor has violated safety laws. In the construction industry, employers are obligated to maintain a safe working environment and to adhere to safety regulations set forth by governmental agencies, such as OSHA in the United States. When an employer neglects to identify and rectify a hazardous situation that results in an employee's injury, that violation is a significant factor in determining liability. Safety laws exist to protect workers, and when they are violated, it creates a strong basis for liability against the employer. In such cases, the courts often view the employer's oversight as a major contributing factor to the accident, effectively shielding the employee from being blamed for their injury—especially if the employee was following established safety procedures and did not contribute to the hazardous situation. The other options either suggest shared liability between the employee and employer or imply that the contract or personal responsibility of the employee plays a significant role in determining fault—none of which align with the overarching principles of workplace safety and employer responsibility in the context of hazardous conditions.