Kirk

Plaintiff, an employee of a subcontractor on a construction project, appeals from a judgment of nonsuit in an action against defendant, the general contractor, to recover damages for injuries sustained in the course of his employment allegedly caused by the unsafe condition of the place of employment.

The issue is whether defendant owed plaintiff a nondelegable duty, either common law, statutory, or both, to provide plaintiff with a safe place of employment.

The facts in the case will be stated in accord with the rule, applicable to nonsuits, each fact and inference in favor of plaintiff’s position, supported by substantial evidence, will be deemed established. (Blumberg v. M. & T. Incorporated, 34 Cal.2d 226, 229 [ 209 P.2d 1 ].) Defendant was the general contractor for a high school construction project; let a subcontract for installation of steel decking on the buildings in the project to Inland Steel; and the latter, in turn, employed Robertson Company, by subcontract, to install the decking on one of the buildings. Plaintiff was a welder employed by Robertson Company. The steel decking was the base for the roof of the building; consisted of sheets of steel, 20 feet…