OSHA’s PSM Standard
By Samantha Catone, Esq.
OSHA’s first Process Safety Management Program (PSM) was created in 1992 in response to a series of catastrophic incidents related to...
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...
Business Retooling
By Danielle Waltz and Alexis Hailpern
Although deemed an “essential business” by many states, the construction industry is evolving in conjunction with a pandemic and...
Essential Construction Contract Terms
The importance of a well-crafted construction contract cannot be overstated. As Murphy’s Law states, if something can go wrong, it will. The best way...
Confined Space Deaths Trigger GDC Litigation
A contractor recently succeeded, on appeal to the Occupational Safety & Health Review Commission (OSHRC), in getting a General Duty Clause citation issued in...
Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
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...
OSHA and The Trump Administration: The First 200 Days
Any new presidential administration is likely to bring a new philosophy, vision, and focus to a variety of issues—including workplace safety and health. More...
Unpreventable Employee Misconduct: Series on the Affirmative Defense – Part 1
Part 1 of 4: Contractor Work Rules
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
What is a contractor to do when, despite its...
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...









