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...
Navigating OSHA’s Rules on Silica Dust Exposure
In recent years, the Occupational Safety and Health Administration (OSHA) has promulgated regulations specific to the hazard of crystalline silica dust exposure. This issue...
Clause Order
The complexity of construction projects has increased over time—with a corresponding expansion of the contract documents utilized to build the job. With this expansion...
OSHA Focus is on Violation, Not Fatality
OSHA’s burden in a fatal accident case is not to prove that a violation caused a worker’s electrocution death, but to prove that it...
Federal Circuit’s Decision Fixes Good Faith and Fair Dealing
Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of...
OSHA’s Confined Space Rule Puts Pressure on Contractors
On May 4, 2015, OSHA released its long-pending 162-page final rule establishing a confined space standard for the construction industry. The rule, which takes...
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,...
Misclassification of Workers Costs Employer in OSHA Inspection
When OSHA came to call at a Connecticut construction worksite, it did not end happily for the employer. Seven different violations of the OSH...
OSHA AND WORKPLACE VIOLENCE
Mitigate Risk: Effective Strategies for Employers
By Justin Kaplan, Esq.
“Hey, how you doing?” engineer Joseph Scott asked coworker and fellow engineer DeWayne Craddock in the...
NYC Local Law 196: Coming to a Town or City Near...
Local Law 196 of 2017 was enacted in response to the increase in fatalities on construction sites in New York City (NYC). It amended...