News & Analysis as of

Employer Liability Issues Construction Industry Workplace Hazards

Conn Maciel Carey LLP

[Webinar] Top 5 Construction Industry OSHA Citations - August 13th, 10:00 am PT

Conn Maciel Carey LLP on

In the high stakes construction world, OSHA often issues citations for the lack of fall protection, scaffolding hazards, hazard communication failures, electrical hazards, and inadequate personal protective equipment (PPE)....more

Williams Mullen

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

Williams Mullen on

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

Saiber LLC on

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

Littler

Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

Littler on

On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica...more

Seyfarth Shaw LLP

Cal/OSHA Approves Emergency Changes to the Silica Standard With Onerous New Requirements For Cutting Stone and Tile Products

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Seyfarth Synopsis: Cal/OSHA’s Standards Board approved the Division’s revisions to the silica standard on an emergency basis, requiring a regulated area, PPE, and air monitoring for any workplace with a stone or tile cutting...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

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

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

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

Shutts & Bowen LLP

PFAS Liability Litigation and the Construction Industry – Act Now or Pay Later

Shutts & Bowen LLP on

For decades, per- and polyfluoroalkyl substances (PFAS) have been used in the production and composition of many products used daily throughout Florida and across the country. Prized for their desirable properties, PFAS...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

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

OSHA’s Enforcement of the Respirable Crystalline Silica Standard for General Industry, 2018–2019: By the Numbers

For employers concerned about how the Occupational Safety and Health Administration (OSHA) has been enforcing its Respirable Crystalline Silica Standard for General Industry, the agency’s enforcement data for the standard’s...more

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

OSHA Enforcement for Respirable Crystalline Silica in Construction Standard, 2018-2019: By the Numbers

For construction employers anxious over how the Occupational Safety and Health Administration (OSHA) and state plan states are enforcing the Respirable Crystalline Silica in Construction Standard, the last two calendar years...more

Poyner Spruill LLP

Construction: The Most Hazardous Industry

Poyner Spruill LLP on

The construction industry continues to be the most hazardous industry in the State of North Carolina according to the North Carolina Department of Labor. While 2018 had been the deadliest year for the state’s construction...more

McAfee & Taft

Headphones, earbuds and OSHA standards

McAfee & Taft on

Whether used for air travel, at sporting events, or during workouts at gyms, the popularity of headphones and earbuds has rapidly spread. But are they appropriate for the workplace? Prompted by an employer’s questions, the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Bradley Arant Boult Cummings LLP

Limiting Project Engineer's Supervisory Duties - Construction and Procurement Law News, Q3 2019

Project engineers should be wary of contractual language, as well as conduct, that may impose supervisory responsibilities to warn and protect employees of other contractors from dangerous conditions located on a project. A...more

Jackson Lewis P.C.

OSHA Releases Annual “Top 10”

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With the end of the federal government’s fiscal year having ended on September 30, OSHA recently released the top ten violations for fiscal year 2019. Generally, this list does not change much from year to year with the top...more

Jackson Lewis P.C.

OSHA Proposes Revisions To Final Beryllium Standards For Construction And Shipyards

Jackson Lewis P.C. on

On September 30, 2019, OSHA issued a final rule for Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyards. Rather than revoke the ancillary provisions for these two industries as...more

Jackson Lewis P.C.

OSHA Finalizes Beryllium Standards For Construction And Shipyard Industries

Jackson Lewis P.C. on

In January 2017, as a departing gift from the Obama administration, OSHA issued a final rule with three separate standards regulating occupational exposures to beryllium in general industry, construction and shipyards. And,...more

Hahn Loeser & Parks LLP

OSHRC’s recent ruling provides important guidance for employers on heat exposure and the general duty clause

On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more

Robinson+Cole Manufacturing Law Blog

OSHA Requesting Public Comment on Powered Industrial Truck Standards

OSHA recently announced that it is considering whether it should revise the powered industrial trucks standards for general, construction, and maritime industries. Powered industrial trucks include forklifts, fork trucks,...more

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