News & Analysis as of

Construction Site Employer Liability Issues

Bradley Arant Boult Cummings LLP

It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules

Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements...more

Jenner & Block

OSHA Marks End of Summer with Proposed Heat Standard Publication

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Summer may be coming to an end, but the regulatory landscape heated up on August 30 when the Occupational Safety and Health Administration (OSHA) published its highly anticipated Heat Injury and Illness Prevention in Outdoor...more

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Releases Guidance for Preventing Harassment at Construction Worksites

Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace....more

Parker Poe Adams & Bernstein LLP

EEOC Releases Recommended Practices for Preventing Workplace Harassment in Construction Industry

The construction industry has long been the subject of scrutiny by the Equal Employment Opportunity Commission with regard to sexual and other harassment issues. Several unique features of constructions sites make prevention...more

Saiber LLC

The Saiber Construction Law Column: April 2024

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As set forth on its website, the Occupational Safety and Health Administration (“OSHA”) was created in 1970 “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing...more

Miller & Martin PLLC

OSHA Recommends Use of Safety Helmets Rather Than Hard Hats for Certain Job Sites

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OSHA has announced that it is replacing traditional hardhats used by its employees with more modern safety helmets to protect them better when they are on inspection sites. Among other problems, hard hats may fall off the...more

Seyfarth Shaw LLP

As Snow Season Approaches, OSHA Focuses On Rollover Protection For Tractor Operators

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Seyfarth Synopsis: OSHA has recently highlighted tractor operator safety by increasing use of rollbars or cage frames....more

Woodruff Sawyer

OSHA’s Fall Prevention National Emphasis Program: Expect More Site Visits

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In 1994, the Occupational Safety and Health Administration (OSHA) issued Subpart M for construction, which required fall protection for workers exposed to falls on construction sites. Since then, there have been improvements...more

Robinson+Cole Construction Law Zone

Another Law Will Increase Construction Costs in New York

New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee.  The bill, S.621B / A.4947B, was named after Carlos Moncayo, a...more

Fox Rothschild LLP

Decision On Travel Time And Waiting Time May Signal A Troubling Trend

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I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A court has ruled that waiting time, at the jobsite, and...more

Buchalter

Tornadoes and Other Catastrophic Events Can Cripple a Construction Project—And How to Respond

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Last month, a construction worker died as a storm swept through a construction site in Lebanon, Indiana. The preliminary investigation determined that the contractor was on an elevated platform while working on an industrial...more

Woods Rogers

Emergency Action Plans

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An Effective, and Necessary, Collaborative Tool for Job Site Safety - As Construction Safety Week 2002 wanes, we want to discuss emergency action planning. OSHA requires formalized Emergency Action Plans (EAP) for all...more

Woods Rogers

Construction Industry Safety Awareness

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According to 2020 OSHA data, there were 976 construction-related fatalities. Of those 88 fatalities included construction supervisors, making it clear that safety awareness is critical for everyone on a project site and not...more

Tucker Arensberg, P.C.

Have Independent Contractors on Your Jobsite?

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If you operate a construction business in Pennsylvania, and hire independent contractors, who you pay via 1099s, you could face criminal charges, and be forced to pay fines and restitution if these workers are not properly...more

Miller Nash LLP

Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations

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The Washington Supreme Court handed down a new framework last week on an employer’s responsibility at the worksite for health and safety violations. The Tradesmen decision results from two separate lawsuits involving...more

Littler

OSHA Announces Increased Focus on Heat-Related Hazards

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In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards. ...more

Stinson LLP

Biden Administration Announces Heat-Related Hazard Inspection Initiative, Upcoming Rulemaking

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As part of the Biden Administration's efforts to protect workers, the White House announced formal efforts to address heat-related illnesses. The first step is OSHA's recent memo establishing an enforcement initiative to...more

Buckingham, Doolittle & Burroughs, LLC

Big Bully Gone Wild

Dear YouDig? Me and three of my friends like to check out a nearby construction site when no one else is around. The equipment is soooo cool. Yesterday, just goofing around, I jumped on big yellow bulldozer. I was...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] What Do We Do Now?! How to Handle an OSHA Inspection - April 9th, 12:00 pm - 1:00 pm ET

An inspection from the Occupational Safety and Health Administration (OSHA) can affect a construction site in many ways—from workflow disruptions to compliance issues. In this webinar, Michael Metz-Topodas will review the...more

Littler

Bureau of Labor Statistics Releases Census of Fatal Occupational Injuries Report

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On December 17, 2019, the Bureau of Labor Statistics (BLS) released its Census of Fatal Occupational Injuries Report for 2018....more

Seyfarth Shaw LLP

OSHA Standard Interpretation Repeats Vague Warnings on Employee Use of Headphones in the Workplace

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Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more

Lowndes

Report details new procedures in place after 5th worker dies during I-4 Ultimate construction

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It's been more than a month since the latest I-4 Ultimate worker was killed in the construction zone. Now Eyewitness News is getting a better look at what changes are now in place to make sure no one else is killed during...more

Laner Muchin, Ltd.

Occupational Safety & Health Review Commission Provides Guideposts For Avoiding “Controlling” Employer Liability On Multi-Employer...

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Under the Occupational Safety & Health Administration’s (OSHA) 1999 Multi-Employer Citation Policy, general contractors, construction companies, and other “host” employers can face liability for accidents involving...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHRC Agrees with Ogletree Deakins’ Argument That Construction Eyewash Standard Is Invalid

On September 28, 2018, the independent Occupational Safety and Health Review Commission (OSHRC) agreed with Ogletree Deakins’ argument that that the Occupational Safety and Health Administration’s (OSHA) standard requiring...more

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