The short answer
It depends on the facts, your contracts and your state, so ask your counsel and insurer. But owners have direct duties: OSHA requires certified anchors and written confirmation before rope descent work, and some states impose strict liability on owners for fall injuries. The steps that reduce exposure are the same everywhere. This is general information, not legal advice.
Where owner exposure comes from
- OSHA 1910.27(b)(1): the owner's duty to identify, test, certify and maintain anchorages and confirm it in writing
- State law: some states place duties or liability directly on owners
- Civil claims: injured workers and their insurers may pursue the property
- Contracts: what your agreements say about indemnity and insurance
New York as an example
- Labor Law section 202 requires the owner, lessee, agent and manager of a public building, and every contractor involved, to provide safe means for cleaning windows and exterior surfaces.
- Labor Law section 240(1) imposes absolute liability on owners and contractors for elevation-related injuries during covered work, which includes cleaning. Courts have applied it to commercial window cleaning, though not to all cleaning.
Other states have their own rules. Check each state where you own buildings.
What reduces your exposure
- Certified anchors, inspected every year, with records on file
- Written confirmation to every contractor before rope descent work
- Contractors with W2 crews, site-specific safety plans and certified technicians
- A certificate of insurance naming the property, current for every job
- Contracts reviewed by your counsel for indemnity and insurance terms
- Tenant notice and ground-level safety zones during the work
See window cleaning during occupancy: the property manager's responsibilities.
One accountable partner
When you hire a contractor to work at height on your building, their safety record becomes your liability. S&K is built to take that risk off your plate: 100% W2 crews, documented safety plans, certificates of insurance on request, and anchors installed, inspected and certified through its long-time anchor partner. See safety and compliance.
Not sure where your building stands? Start with a free roof compliance survey, or read the full Roof Anchor and Fall Protection Compliance guide.
