News & Analysis as of

Employer Liability Issues Construction Industry Workplace Injury

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

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Marshall Dennehey

Did the Cat Move the Ladder?

Marshall Dennehey on

Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

Hendershot Cowart P.C. on

When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Bennett Jones LLP

Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

Bennett Jones LLP on

On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to...more

Fisher Phillips

All the New California Workplace Laws You Need to Know About For 2025

Fisher Phillips on

Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will...more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...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

Woods Rogers

Construction Industry Safety Awareness

Woods Rogers on

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

Tucker Arensberg, P.C.

Have Independent Contractors on Your Jobsite?

Tucker Arensberg, P.C. on

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

Parker Poe Adams & Bernstein LLP

Federal Court Sentences Business Owner to Prison for Violating Fall Protections

Most employers know that the Occupational Safety and Health Administration can assess civil penalties for violation of safety standards. However, they may not be aware that the OSH Act also contains criminal penalties. ...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

Ward and Smith, P.A.

2019 Construction Conference Insights: Minimizing Liability When Accidents Happen

Ward and Smith, P.A. on

Three Ward and Smith attorneys discussed how construction companies could reduce their risk of accidents and limit their liability—an essential consideration for an industry where the work carries inherent risks....more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Dog Days - Don't Fight

Dear YouDig?, We are on fire this construction season. With the busy schedule comes a lot of pressure. Last week, during a hot afternoon stretch, one of our workers lost his head and beat the living hell out of a coworker....more

Snell & Wilmer

Construction Industry Update Regarding Marijuana: Arizona and Nevada Laws Continue to Evolve

Snell & Wilmer on

Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law. ...more

Laner Muchin, Ltd.

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

Laner Muchin, Ltd. on

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

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

Seyfarth Shaw LLP

Final Update From The 2019 ABA Occupational Safety And Health Law Committee Midwinter Meeting

Seyfarth Shaw LLP on

We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more

Snell & Wilmer

Legal Accountability and Construction Accidents: Investigating, Reporting and Engaging Outside Counsel

Snell & Wilmer on

Construction accidents are inevitable, even for clients who implement and enforce a meticulous safety plan on a project. Despite best intentions and protections afforded to contractors, employees, subcontractors, vendors and...more

Stoel Rives -  Ahead of Schedule

New Fall Protection Regulations Being Studied

The Washington Department of Labor & Industries, Division of Occupational Safety and Health, is considering changes to Washington’s fall protection regulations. These are rules intended to protect construction workers from...more

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

Dig This! OSHA Renews Its Focus on Trenching and Excavation

The Occupational Safety and Health Administration (OSHA) officially kicked off its National Emphasis Program (NEP) on Trenching and Excavation on October 1, 2018. With the NEP comes enhanced enforcement, education, and a new...more

Kelley Drye & Warren LLP

OSHA News Releases From August 1st through August 15th

08/14/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Construction Company After Employee Suffers Serious Laceration - 08/09/2018 – Region 5 OSHA News Release – U.S. Department of Labor Forms...more

Kelley Drye & Warren LLP

OSHA News Releases from August 15th through August 31st

08/29/2018 – Region 4 OSHA News Release – Florida Roofing Company Faces Penalties For Exposing Employees to Fall and Other Safety Hazards - 08/28/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Thorpe...more

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