The Inadequacy of Standard Indemnity and Hold Harmless Agreements in Protecting Hiring Clients from Contractor Worker Injuries

Indemnification and hold harmless agreements (IHHAs) are standard tools for shifting liability from hiring clients to contractors, yet they often fail to provide complete protection. Courts may strike down provisions that conflict with public policy, and state-by-state variations create inconsistent enforceability.

Insurance exclusions, ambiguous contract language, and non-delegable duties under OSHA further weaken these agreements, leaving hiring clients financially exposed.

In this article, authors James Junkin and Brent Kettelkamp explore the legal and practical shortcomings of IHHAs and outline proactive steps, including thorough contractor prequalification, precise contractual language, legal review, and risk management strategies, to reduce liability and strengthen safety.

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About the Authors:

James A. Junkin, MS, CSP, MSP, SMS, ASP, CSHO is the chief executive officer of Mariner-Gulf Consulting & Services, LLC and the chair of the Veriforce Strategic Advisory Board and the past chair of Professional Safety journal’s editorial review board. James is a member of the Advisory Board for the National Association of Safety Professionals (NASP). He is Columbia Southern University’s 2022 Safety Professional of the Year (Runner Up), a 2023 recipient of the National Association of Environmental Management’s (NAEM) 30 over 30 Award for excellence in the practice of occupational safety and health and sustainability, and the American Society of Safety Professionals (ASSP) 2024 Safety Professional of the Year for Training and Communications, and the recipient of the ASSP 2023-2024 Charles V. Culberson award. He is a much sought after master trainer, keynote speaker, podcaster of The Risk Matrix, and author of numerous articles concerning occupational safety and health.

Brent Kettelkamp, Esq. is a shareholder with the law firm Ogletree Deakins and a member of the Veriforce Strategic Advisory Board. Brent focuses his practice on occupational safety and health issues. He litigates OSHA cases before federal/state agencies and courts and also represents employers during government inspections and investigations. His practice also includes providing compliance advice and conducting privileged audits on complex workplace safety issues. Brent represents employers in a wide range of industries, including construction, oil and gas, retail, food processing, and manufacturing.