Labor & Employment Construction

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New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not...

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor...more

It’s Time for a Toolbox Talk

Join in the National Safety Stand-Down May 2-6, 2016.  The purpose of the stand-down is to raise awareness about preventing fall hazards in the construction industry. Fatalities caused by falls from elevation continue to be a...more

AFL-CIO Calls Attention to On-the-Job Deaths in Ceremony at State House

Michael Davidson was seeing patients at Brigham and Women’s Hospital when he stepped away to talk with the son of a deceased woman he had treated and the son shot him. Lawrence O’Leary was on a parking garage under...more

OSHA Enacts Sweeping Silica Rule

On March 25, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rule cutting in half the Permissible Exposure Limit (“PEL”) for respirable crystalline silica down to 50 micrograms per cubic...more

Employer May Terminate Pre-Hire Agreement with Union, Sixth Circuit Rules

On April 21, 2016, resolving a situation not previously decided by the Sixth Circuit Court of Appeals, the court held that a construction company that was a party to a pre-hire collective bargaining agreement lawfully...more

[Webinar] New GHS Hazard Communication Standard: Roll-out Issues - May 11th, 1:00 pm EDT

Perhaps the most significant safety related regulatory reform during the Obama Administration has been the amended Hazard Communication Standard, bringing OSHA’s chemical Right-to-Know regulation more in line with the United...more

OSHA’s Crystalline Silica Rule: Compliance Clock Ticks While Legal Challenges Mount

The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing...more

U.S. OSHA’s “severe injury” statistics broken out by industry

The U.S. Occupational Safety and Health Administration has produced a “year one” impact-evaluation report on its Severe Injury Reporting Program. Effective January 1, 2015, U.S. employers have been required to report to...more

Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors

Labor & Employment - General Obligations - - Prime is on the hook - Flow down all obligations to the subcontractor - Comply with all applicable labor laws - FLSA, SCA, DBA, OFCCP -...more

Contractor loses lawsuit against city for alleged breaches of OHSA’s asbestos-disclosure rules

A construction contractor has lost its bid for damages from a city, relying on a little-used section of the Ontario Occupational Health and Safety Act that permits contractors to sue a building owner for damages for failing...more

Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

Behind the scenes a quiet war is raging. A war pitting local sovereignty, on one hand, against a Depression-era law intended to help those working on state and local public works projects, on the other....more

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

OSHA Law Alert: OSHA Issues Final Silica Rule

OSHA has announced the finalization of its long-awaited silica rule. When it takes effect on June 23, 2016, the rule will (1) reduce the permissible exposure limit for crystalline silica; (2) require employers to implement...more

Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?

In City Of El Centro v. David Lanier (State Building And Construction Trades Council Of California, AFL-CIO), the 4th appellate district upheld by a 2-1 majority the constitutionality of Labor Code section 1782, which...more

OSHA Amends Existing Standards for Occupational Exposure to Respirable Crystalline Silica

This news alert discusses the Occupational Safety and Health Administration's (OSHA) final rule for worker exposure to respirable crystalline silica. The rule significantly lowers the existing permissible exposure limits for...more

OSHA Announces Long-Awaited Final Rule to Limit Employee Exposure to Silica and Adopts New Standards That Are "Among the Broadest...

On March 24, 2016, after a 45-year effort, the Occupational Safety and Health Administration (“OSHA”) issued a final rule intended to limit workers’ exposure to respirable crystalline silica, a carcinogenic dust pervasive in...more

Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

OSHA Issues Final Silica Rule: What’s the Same and What’s Changed?

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its final rule on occupational exposure to respirable crystalline silica. U.S. Secretary of Labor Thomas E....more

OSHA Unveils Controversial Final Silica Rule and Industry Gears Up For Challenges

OSHA has issued its long-sought – and heavily disputed – new regulation aimed at reducing worker exposures to crystalline silica dust, cutting the Permissible Exposure Limit (PEL) in half for general industry, construction...more

A Fast and Furious Safety, Labor and HR Update - Issue 1

A New Approach to My Posts - Last week I was honored to be named a Top Author in J.D. Supra Readers’ Choice Awards. I write a great deal when I should probably be billing, but you guys seem to enjoy my stuff, so thanks!...more

The DIR Calls Timeout On Its New Electronic Certified Payroll Reporting Requirements

The California Department of Industrial Relations (DIR) recently issued a follow-up notice to public works contractors and agencies to clarify the DIR's current enforcement of its Electronic Certified Payroll (eCPR)...more

Construction E-Note - March 2016

Flint, Michigan’s problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities, even though these are apparently not as extensive as the...more

General contractor, not present on job site, was still responsible for subcontractor’s safety: labour board

A general contractor on a residential project was responsible for the safety of its subcontractors even though it was not on site at the time of an incident. The general contractor objected to two compliance orders...more

If Employed by a Federal Government Contractor, Sometimes It Pays to Be Sick

A 286-page Notice of Proposed Rule Making was issued by the Department of Labor (DOL) in the Federal Register on February 25, 2016. The DOL estimates that 437,000 employees of federal contractors will begin to receive paid...more

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