Construction Workers

News & Analysis as of

OSHA Announces New Rules for Confined Spaces (Effective August 3, 2015)

On May 4, 2015, the United States Occupational Safety and Health Administration (OSHA) published a new final rule in the Federal Register intended to increase protection for construction workers in confined spaces (e.g.,...more

Construction Case Law Update - May 2015

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

OSHA Final Rule for Confined Spaces in the Construction Industry

Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective...more

McPhee Electric and Bond Brothers to Pay $120,000 to Settle EEOC Disability Discrimination Suit

Construction Contractors Refused to Hire Applicant Because of His Dyslexia - NEW YORK - McPhee Electric Ltd., a construction company with offices in Connecticut, and Bond Brothers, Inc., a construction management and...more

OSHA Issues Final Rule on Confined Spaces in Construction

The Occupational Safety and Health Administration (OSHA) has issued its long-awaited final rule on construction work in confined spaces. Beginning August 3, 2015, the new confined spaces in construction standard will replace...more

OSHA Announces Final Rule for Confined Spaces in Construction

On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in...more

Multi-Agency Investigation Successfully Targets Arizona and Utah Construction Companies’ Misclassification of Employees

Sixteen Arizona and Utah companies accused of misclassifying more than 1,000 construction workers agreed to pay $700,000 in back wages and penalties after a multi-year, multi-agency investigation led to consent judgments,...more

Head Trauma Is A Construction Site Risk

The U.S. Department of Labor’s Bureau of Labor Statistics reports that approximately 200,000 construction workers are currently employed in Illinois alone. Construction is both a primary industry in the country, and one of...more

If You Build It, They Will Come. But Are There Enough Construction Workers To Get It Done?

In October 2014, the Associated General Contractors of America conducted a survey of nearly 900 construction firms across 48 states and the District of Columbia to discuss construction industry hiring in 2015....more

Lee v. M&H, Wal-Mart - Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation...

Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation Benefits From General Employer. Plaintiff Lee suffered serious injuries while performing clean-up duties during...more

Company that “met or exceeded many industry standards in its operations” still found guilty of OHSA charges

Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court decision shows. A roofing company was charged with two offences under the Ontario Occupational...more

Is your Illinois company protecting you against a trenching injury?

Trenching is an important part of the construction industry. Unfortunately, it is also associated with an elevated rate of injury and death on the job....more

April 1, 2015: New Working at Heights Training Requirements on Construction Projects

Falls from heights are one of the leading causes of critical injuries and fatalities in Ontario workplaces according to the Ministry of Labour. As a result, beginning April 1, 2015, employers in Ontario must ensure that...more

Everything is Awesome! Construction Workers are the Happiest Employees on Earth

Warner Bros. may have been onto something with The Lego Movie, about a happy-go-lucky, yet everyday man, Lego construction worker named Emmet Brickowski, who reluctantly assumes the role of the prophesied “Special” and saves...more

Facing Labor Shortage? Don’t Be Tempted By Illegal Hiring Practices

With current economic conditions and the shortage of workers in the construction industry, there may be a temptation to hire illegal aliens to cover gaps in the workforce (or to “look the other way” and not question whether...more

When previous work injury flares up

Sustaining an injury in the workplace can be a trying experience for Illinois workers. Beyond the pain and fear associated with traumatic events, navigating the workers’ compensation process can also be a challenge. As any...more

“Flagrant disregard” of OHSA, failure to report, gets construction company convicted on 5 OHSA charges

A construction company that tried to blame a worker’s fall on his untied boots, has been found guilty of all 5 charges against it under Saskatchewan’s The Occupational Health and Safety Act. The 18-year-old worker, who had...more

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to...more

Under Construction - March 2015

Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more

Constructor made mistake of law, not fact: convicted of OHSA charge

A constructor that argued the “mistake of fact” due diligence defence was instead found to have made a “mistake of law” and was convicted of a charge under the Occupational Health and Safety Act....more

Arizona Residential Fall Protection Statute Repealed

By the actions of the Federal Occupational Safety and Health Administration (Federal OSHA), today the Arizona-specific residential fall protection statute has been repealed. Effective tomorrow, February 7, 2015, Arizona...more

Third-party lawsuits and construction worksite accidents

According to the U.S. Bureau of Labor Statistics, more than 8,000 American employees are injured on the job every day. Some of these injuries are relatively minor, requiring only a short recovery period....more

January 2015 Independent Contractor Compliance and Misclassification Update

JANITORIAL FRANCHISE COMPANY SETTLES ITS APPEAL OF $4.8 MILLION JUDGMENT IN FAVOR OF MISCLASSIFIED CUSTODIANS. Coverall North America Inc. settled the independent contractor misclassification case filed against it by a class...more

Construction Alert: Federal and Missouri State Changes Not to Overlook

New Federal Minimum Wage Applies to Contracts Entered After 1/1/15 - In the rush of kicking off 2015, don't forget that there is a higher federal minimum wage. Effective January 15, 2015, for all federal contracts (but...more

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