Under the Jones Act and the FELA, an employer who selects an independent contractor to perform a part of the employer’s vital operations will be vicariously liable for the independent contractor’s torts which injure the employer's seamen or railroad worker employees. In essence, the Supreme Court has imposed non-delegable duties on Jones Act and FELA employers as to vital operations. This presentation will explore the applicable jurisprudence and the potential issues arising out of the courts’ overreliance on agency law with the potential to undermine the non-delegable duty to provide a safe workplace.