Is Arbitration All It’s Cracked Up To Be?
In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and...
Building “Green”
The environmental “green” movement has infiltrated all aspects of daily life. The mantra “reuse, reduce, and recycle” has become commonplace … from schools to...
How Your Voluntary Safety Audits Can Help (or Hurt) When OSHA...
Voluntary safety and health self-audits can be a critical part of any company’s regulatory compliance efforts—as well as further the overall goal of creating...
Inclusion: A Critical Element for Workforce in Construction and Design
By Kristine A. Kubes
A skilled workforce is an indispensable element of successful design and construction in the United States. Projects begin with the designs...
Employer Prevails in General Duty Clause Case
The Occupational Safety & Health Administration (OSHA) has a multitude of regulations to which concrete and construction contractors must adhere. Most of the construction...
Avoid Lack of Privity
Express third-party beneficiary clauses
By Alexis Hailpern and Danielle Waltz
The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...
OSHA Tightens VPP Eligibility
OSHA’s longstanding, often-praised “Voluntary Protection Program” (VPP) recognizes employers and workers in both the private and federal sectors who implement effective safety and health...
Enforcement Begins on New Workplace Exam Rule
On October 1, 2018, enforcement began in earnest by the Mine Safety & Health Administration (MSHA) for its revised standard governing workplace examination requirements...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In the final part of this four-part series on the “unpreventable employee misconduct” defense to...
Uncle Sam Wants YOU
The federal government is taking aim at occupational safety and health violations from a different perspective: criminal prosecution. On December 17, 2015, a joint...