Don’t Borrow Trouble … or Scaffolds
A Georgia stucco contractor learned the hard way that borrowing another subcontractor’s defective scaffolds can result in some heavy OSHA penalties. In the July...
Commercially Useful Function
The Federal Government spends billions of dollars annually on infrastructure projects, including highway construction and reconstruction, approximately $40 billion of which goes to state...
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...
OSHA Unveils New HazCom Enforcement Procedures
Effective July 9, 2015, OSHA has taken a new stance on the enforcement of its Hazard Communication Standard (HCS). Publication of the final rule...
The Colorado Decision
Currently, 23 states and the District of Columbia have legalized medical use of cannabis (some in all forms, other states have legalized CBD oil...
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...
OSHA Whistleblower Prosecutions Rise
Whistleblower prosecutions by OSHA have been rising steadily during the current administration. During FY 2014, OSHA made nearly 3,300 whistleblower determinations. While a majority...
Deflate-gate, the False Claims Act, and Dishonest Competitors
I think the reason “deflate-gate” got so much press is that we, as Americans, believe in fairness in our sporting events. But there are...
OSHA Puts Construction Company Out of Business … Permanently!
You think you’re having a bad day when OSHA knocks on your door or shows up at your worksite, right? What about when OSHA...
Contractor’s Considerations When Addressing Dispute Resolution Provisions
Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...