Mont. Code Ann. » TITLE 50. HEALTH AND SAFETY · CHAPTER 71. OCCUPATIONAL SAFETY AND HEALTH · Part 2. Duties of Employer and Employee
Montana Code Annotated

Mont. Code Ann. § 50-71-201 (2026)

Employer To Provide Safe Workplace And To Purchase, Furnish, And Require Use Of Health And Safety Items -- Safe Practices

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 50
  3. CHAPTER 71
  4. Part 2
  5. 50-71-201 Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices

TITLE 50. HEALTH AND SAFETY

CHAPTER 71. OCCUPATIONAL SAFETY AND HEALTH

Part 2. Duties of Employer and Employee

Employer To Provide Safe Workplace And To Purchase, Furnish, And Require Use Of Health And Safety Items -- Safe Practices

50-71-201. Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices. Each employer shall:

(1) furnish a place of employment that is safe for each of the employer's employees;

(2) with the exception of footwear, purchase, furnish, and require the use of health and safety devices, safeguards, protective safety clothing, or other health and safety items, including but not limited to air masks, hardhats, and protective gloves, that may be required by state or federal law, the employer, or the terms of an employment contract unless the terms of a collective bargaining agreement provide otherwise;

(3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and

(4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees.

History: En. Sec. 3, Ch. 341, L. 1969; R.C.M. 1947, 41-1710; amd. Sec. 1, Ch. 298, L. 1991; amd. Sec. 1869, Ch. 56, L. 2009.

Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1979–2021 · leading case: Peyatt v. Moore, 2004 MT 341 (Mont. 2004).
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Peyatt v. Moore, 2004 MT 341 (Mont. 2004). · cites it 135× “¶16 Peyatt asserts these failures by Moore constituted a breach of the duty imposed on Moore by § 50-71-201, MCA. Section 50-71-201, MCA, states: Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items– safe practices.”
Olson v. Shumaker Trucking & Excavating Contractors, Inc., 2008 MT 378 (Mont. 2008). · cites it 18× “The District Court determined that *1269 Shumaker was liable as a matter of law on the grounds that it had breached a nondelegable duty to provide a safe workplace as required by the safety provision in the construction contract between Shumaker and the Authority, and as…”
Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996). · cites it 12× “Section 50-71-201, MCA, provides in relevant part: Each employer shall: (1) furnish a place of employment that is safe for each of his employees; .”
Kemp v. Bechtel Constr. Co., 720 P.2d 270 (Mont. 1986). · cites it 15× “Appellant contends the companies are liable to him based upon (1) nondelegable duties in the contract, (2) nondelegable duties arising from the inherently dangerous nature of or peculiar risk created by the work, (3) the control over the subcontractor's work that contractor…”
Cain v. Stevenson, 706 P.2d 128 (Mont. 1985). · cites it 13× “Whether the District Court was in error in not reducing the jury’s award of damages by the jury’s finding of comparative negligence on the part of respondent.”
Stepanek v. Kober Constr., 625 P.2d 51 (Mont. 1981). · cites it 6× “The general contractor contends (1) control of the subcontractor was neither reserved nor exercised; (2) application of the statutes would be improper because the requisite element of control was lacking; (3) safety obligations assumed in the primary contract were delegated; and…”
Micheletto v. State, 798 P.2d 989 (Mont. 1990). · cites it 8× “, we have the Montana Safe Place to Work statute, § 50-71-201, MCA, which requires an employer to furnish a safe place to work and which requires the use of safety devices and safeguards.”
Daryl Crane Pamela Crane v. Conoco, Inc., a Corp., & Nunnallee-Cantwell, Inc., a Foreign Corp., 41 F.3d 547 (9th Cir. 1994). · cites it 3× “Under Montana law, there is no nondelegable duty based on contract where a subcontractor contractually assumes safety responsibilities, and the contracting employer does not expressly agree to be responsible for “initiating, maintaining or supervising safety programs.”
Kemp v. Big Horn Cnty. Elec. Co-Operative, 798 P.2d 999 (Mont. 1990). · cites it 8× “Plaintiff also contends that Big Horn had a non-delegable duty to provide him a safe place to work, citing the "Safe Place to Work Statute," § 50-71-201, MCA. This statute requires the general contractor to exercise reasonable care in its establishment of the safety program.”
Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). · cites it 6× “During the jury trial, the district court instructed the jury pursuant to § 50-71-201, MCA (the Montana Safety Act), that an employer, including the prime contractor, has a duty to provide employees with a safe place to work.”
Grover v. Cornerstone Constr. N.W., Inc., 2004 MT 148 (Mont. 2004). · cites it 8× “Section 50-71-201, MCA. The Crenshaws and Cornerstone each filed a Motion in Limine requesting that Grover be prohibited from introducing safety standards established under the Occupational Safety and Health Act (OSHA or the Act).”
Porter v. Galarneau, 911 P.2d 1143 (Mont. 1996). · cites it 4× “We have stated that the "emphasis in § 50-71-201, MCA, is on the `place of employment' rather than the status of the worker.”
Show all 28 citing cases →
— Mont. Code Ann. § 50-71-201(1) — 1 case
Peyatt v. Moore, 2004 MT 341 (Mont. 2004). “¶16 Peyatt asserts these failures by Moore constituted a breach of the duty imposed on Moore by § 50-71-201, MCA. Section 50-71-201, MCA, states: Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items– safe practices.”
— Mont. Code Ann. § 50-71-201(2) — 3 cases
Olson v. Shumaker Trucking & Excavating Contractors, Inc., 2008 MT 378 (Mont. 2008). “The District Court determined that *1269 Shumaker was liable as a matter of law on the grounds that it had breached a nondelegable duty to provide a safe workplace as required by the safety provision in the construction contract between Shumaker and the Authority, and as…”
MacKay v. State, Bd. of Regents, 2003 MT 274 (Mont. 2003).
Schmidt v. State, 951 P.2d 23 (Mont. 1997).
— Mont. Code Ann. § 50-71-201(3) — 1 case
Peyatt v. Moore, 2004 MT 341 (Mont. 2004). “¶16 Peyatt asserts these failures by Moore constituted a breach of the duty imposed on Moore by § 50-71-201, MCA. Section 50-71-201, MCA, states: Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items– safe practices.”
— Mont. Code Ann. § 50-71-201(4) — 2 cases
Peyatt v. Moore, 2004 MT 341 (Mont. 2004). “¶16 Peyatt asserts these failures by Moore constituted a breach of the duty imposed on Moore by § 50-71-201, MCA. Section 50-71-201, MCA, states: Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items– safe practices.”
Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996). “Section 50-71-201, MCA, provides in relevant part: Each employer shall: (1) furnish a place of employment that is safe for each of his employees; .”
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