Koch Refining Co. v. Chapa

In Koch Refining Co. v. Chapa, 11 S.W.3d 153 (Tex. 1999), the premises owner, Koch Refining Company, stationed a safety employee on site with authority to intervene if a subcontractor's employee engaged in a dangerous activity. There was evidence that Koch's safety employee overheard a conversation in which the independent contractor instructed its employee to engage in an unsafe pipe-lifting maneuver. Because the safety employee did nothing in response, the court of appeals held that "Koch's apparent acquiescence to the independent contractor's order to perform an unsafe operation was sufficient to compel Koch to take corrective action." 11 S.W.3d at 156-57 (quoting Chapa v. Koch Refining Co., 985 S.W.2d 158, 162 (Tex. App.-Corpus Christi 1998)). The Court rejected that holding. The Court concluded that Koch's ability to intervene was not evidence that the subcontractor and its employees "were not free to do the work in their own way and is not evidence that Koch controlled the method of work or its operative details." Koch, 11 S.W.3d at 156.