Company C$,$ a subcontractor, has a contract calling for it to perform ironwork in the construction of a school building in Columbus, Ohio. The work included the installation of stairs, railings, catwalks, gratings, and other metal items. While working on the second floor of the job site, Company C$$s workers would go up and down a staircase that had no guardrails, a violation of OSHA standards.

The general contractor on the job was responsible for the erection of guardrails where needed. Company C had no contractual obligation to erect guardrails, and its employees would not have been permitted to erect guardrails because of craft jurisdiction rules. The owner of Company C knew of this problem and did not bring it to the attention of the general contractor; nor did he attempt to find another way down from the second floor for his workers. On these facts, Company C was cited for violating $29$ C$.$F$.$R$.1926,501($b$)(1).$

Question to Be Answered:

Is the subcontractor on a construction site in violation of Section $5($a$)(2)-$ when its employee is exposed to a hazardous condition which is contrary to a standard, but the subcontractor did not create the condition or have control over the area where it existed?