Sanchez

FACTS AND PROCEDURAL BACKGROUND

Alston is a construction general contractor. Alston acts solely in a managerial capacity and hires independent contractors to perform the actual construction work. In 2015, Alston contracted with PanCal 11525 Shoemaker LLC (PanCal) to alter an existing building and construct a parking lot for FedEx Ground Package System, Inc. (FedEx Project). Alston contracted with AMPCO Contracting, Inc. (AMPCO) to demolish existing structures and pavement. In turn, AMPCO hired KML to remove asbestos from the structures before the demolition began. The Alston/AMPCO agreement contained a set of rules related to worksite safety, among them Alston’s “Site Specific Safety Plan.” The plan expressly delegated worksite safety, including “safety training and equipment” and “[f]all prevention and/or protection” to AMPCO and its lower-tiered subcontractors. The plan also required subcontractors to “perform and document pre-task planning to identify any hazards related to their work.” AMPCO understood and agreed that it was responsible for ensuring that its lower-tiered contractors comply with the plan. The AMPCO/KML agreement referenced and expressly incorporated the…