Crane Operator Certification Relief May Be Coming

On February 10, 2014, the Occupational Safety & Health Administration (OSHA) published a proposed rule aimed at revising one of the more controversial provisions...
contract changes

Have our Contracts Become too One-Sided?

Times have changed. We all recognize it. They have changed in the way we interact with people, in the way we do business, engage...
thumbs up

PELs Prosecution Raises Specter of Broader GDC Enforcement

For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...

Where-Oh-Where?

Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court. Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...
America looking out for its workers with OSHA.

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...
The benefit of mediating

The Art of Mediation

Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...
multi-employer citation policy

OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?

Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...

Avoid Fleet Management Nightmares

Construction companies and others who manage fleets of vehicles—whether delivery drivers, on-road equipment operators, sales personnel, or managers who travel between worksites using company...

OSHA Expands “Reportable” Incidents in Final Rule

On September 18, 2014, OSHA published in the Federal Register a 60-page Final Rule changing requirements for Injury and Illness Recordkeeping and Reporting under...

Tools of the Trade: Part 2 of 2

Read Part 1 Here Arbitrations almost always arise out of contracts, further empowered through laws like the Federal Arbitration Act (FAA) or similar state statutory...