Montana OSHA Rules No Duty of Safety Owed to Independent Contractors

October 5, 2015



The Montana Occupational Safety and Health Act (MOSHA) requires that employers furnish a place of employment that is safe for each of its employees, reports BLR Safety Blog.

MOSHA incorporates the definition of "employee" found in Montana's Workers' Compensation Act (WCA). The WCA specifically excludes an independent contractor from being considered an employee. Because of this, the Montana Supreme Court ruled that MOSHA doesn't create a duty of safety running from an employer to an independent contractor.