an aluminum entry type of material, and glass and glazing. It did the glass and glazing for the project and subcontracted some of its contractual duties with Kajima, including cleaning the windows. Its work came toward the end of the construction project when the staff was thinner. The facility was turned over to Diamond-Star Motors March 1, 1988.
The contract Kajima had with Swanson required Swanson to take all reasonable safety precautions in performing its work and to comply with all safety measures initiated by the design builder including all Federal and State safety requirements and local regulations. It also stated Swanson remained responsible for the prevention of hazards to personnel and property, for the care, safety and protection of all materials, installed work, personnel, and equipment, and allhad a western exposure and were 15 to 18 feet above ground. They could be seen from the back door entrance of Kajima's offices. Reid opined the portable ladder was not being used properly when the accident occurred. The length of it prevented it from reaching the top of the building where it could have been tied off as required by Kajima's safety manual. A provision in it states: "`Portable ladders shall be tied, blocked or otherwise secured to prevent the ladder from being unintentionally displaced.'"
Reid testified if he had seen a man on a portable ladder washing windows, he would have stopped the work. He listed a number of alternate methods for cleaning the windows which would have been more appropriate. A swing state or scaffolding could