Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor. A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if:
1. The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;
2. Proof of such coverage is provided to the principal contractor;
3. The principal contractor is not engaged in any construction project; and
4. The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.
Last modified: February 25, 2006