News & Analysis as of

Construction Industry Employer Liability Issues Occupational Safety and Health Administration

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 7, July 2024

Welcome to our seventh issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we address a range of construction issues from potential impacts to OSHA’s authority and issues...more

Williams Mullen

Hotter Than Blue Blazes! OSHA Issues New Heat Hazard Rules for Companies Operating Outdoor and Indoor Workplaces

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The Occupational Safety and Health Administration (OSHA) has issued a Proposed Rule that could expose employers to liability when employees suffer heat illnesses in outdoor or indoor workplaces. This Rule will affect...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

Saiber LLC

The Saiber Construction Law Column: March 2024

Saiber LLC on

Many construction companies, landscaping businesses and even homeowners hire “day laborers” – people, often immigrants, employed on a temporary basis. These workers are often found outside home improvement stores, through...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

Bradley Arant Boult Cummings LLP

Weathering the Storm: How to Navigate Safety Incidents

What do you do when you have a safety incident on a job? Are you prepared? This article will focus on some things to consider if you have a safety incident. Assistance - The No. 1 priority should be to safely assist...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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 5, May 2023

US Lawmakers Call to Modernize OSHA as Hundreds Die on the Job Each Day - “Reintroduced federal legislation pushes to expand Osha coverage in 24 states not currently covered by the act.” Why this is important: On...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Spilman Thomas & Battle, PLLC

Construction Employers: Beware the Ides of March

Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 2, January 2023

EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing - The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more

Jackson Lewis P.C.

What Construction Employers Need to Know About the Increased Silica Compliance Focus

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The Occupational Safety and Health Administration’s (OSHA) Denver Regional Office has announced the rollout of a “Regional Emphasis Program” dedicated to the reduction of incidents of workplace illness related to silica....more

Cozen O'Connor

Is a General Contractor Liable for Safety Violations of its Subcontractors under OSHA?

Cozen O'Connor on

The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected...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

DirectEmployers Association

OFCCP Week In Review: February 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Venable LLP

Fifth Circuit to Employers: "Your Past May Haunt You"

Venable LLP on

Every employer understands the importance of actively ensuring employee safety and compliance with Occupational Safety and Health Act (OSH Act) standards, but a recent federal appeals court decision provides additional...more

Cohen Seglias Pallas Greenhall & Furman PC

OSHA’s Emergency Temporary Standard – This Too Shall Pass (or Not)

Compliance Notes for Construction Professionals Amid Pending Legal Challenges Nationwide reverberations followed last week’s much-anticipated emergency temporary standard addressing COVID-19 (the ETS) from the Occupational...more

Ward and Smith, P.A.

Government Relations and Employment for the NC Construction Industry

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This is the first in a series of articles summarizing key topics discussed at Ward and Smith's 2021 Construction Conversations Webinar. Members of Ward and Smith's Government Relations and Labor and Employment teams...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

Winstead PC

Construction Industry Employers, Take Heed: “Willful” OSHA Violations May Lead to Criminal Penalties

Winstead PC on

The U.S. government recently reminded employers that the consequences stemming from worker safety violations are not limited to civil monetary penalties and specific hazard abatement requirements levied by the Occupational...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

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