In the recent case of C & M Builders, LLC v. Strub the Maryland Court of Appeals held that a framing subcontractor was not responsible for injuries caused by OSHA/MOSHA violations when it had left the job for three weeks and had surrendered control of the jobsite to allow work to be performed by other subcontractors.

In C & M Builders the framing subcontractor cut holes in the floors of a three story building to prepare for installation of staircases by another subcontractor. An HVAC subcontractor was called in to do work in the intervening period. An employee of the HVAC subcontractor fell to his death through one of the holes. The court determined that even if the framing subcontractor had violated OSHA and MOSHA regulations it was not responsible for injuries because it owed no duty to protect the HVAC subcontractor employee because retained no control or oversight at the worksite, had completely finished its responsibilities under its contract and relinquished control of the premises back to the general contractor.