News & Analysis as of

Workplace Hazards General Contractors

Frantz Ward LLP

Stick to Supervision: Best Practices For General Contractors to Avoid Liability Under the “Doctrine of Active Participation”

Frantz Ward LLP on

It has long been established under Ohio law that a construction site is an inherently dangerous workplace and a subcontractor who works at a construction site is engaging in inherently dangerous work. Generally, Ohio law...more

Venable LLP

Construction Industry Concerns Resulting from Dangerous Air Infiltrating into New York Region

Venable LLP on

The New York region has experienced some of the worst air quality in the world as a result of the recent Canadian wildfires that continue to rage out of control, something weather forecasters believe will become more common...more

Cozen O'Connor

Is a General Contractor Liable for Safety Violations of its Subcontractors under OSHA?

Cozen O'Connor on

The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected...more

Seyfarth Shaw LLP

“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles....more

Parker Poe Adams & Bernstein LLP

OSHA Continues to Cite General Contractors for Subcontractors' Safety Violations

According to the Occupational Safety and Health Administration (OSHA), falls continue to be the top cause of employee deaths in the construction industry. Understandably, OSHA views fall protection as an enforcement priority....more

Bradley Arant Boult Cummings LLP

National Construction Safety Week: Preventing Accidents on the Jobsite

Even as the construction industry continues its recovery from the impact of the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety...more

McDermott Will & Emery

Leaders Moving Business Forward with Dianna MacDonald of Powerhouse

McDermott Will & Emery on

As a leading provider of construction services, Powerhouse is achieving growth during the pandemic by helping customers adapt to changing COVID-19 requirements. CFO Dianna MacDonald explains how the company is changing to...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Bradley Arant Boult Cummings LLP

Limiting Project Engineer's Supervisory Duties - Construction and Procurement Law News, Q3 2019

Project engineers should be wary of contractual language, as well as conduct, that may impose supervisory responsibilities to warn and protect employees of other contractors from dangerous conditions located on a project. A...more

Parker Poe Adams & Bernstein LLP

North Carolina OSHA Continues to Issue Multiemployer Worksite Citations

Employee falls and other construction hazards continue as a primary source of North Carolina workplace injuries and deaths. Several years ago, North Carolina OSHA increased its citation of general contractors for unsafe work...more

Hahn Loeser & Parks LLP

OSHRC’s recent ruling provides important guidance for employers on heat exposure and the general duty clause

On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more

Poyner Spruill LLP

A Deadly Year in Construction

Poyner Spruill LLP on

2018 was the deadliest year for North Carolina construction workers in more than five years. For fiscal year 2018, the North Carolina Department of Labor reported 49 work-related fatalities. Of these, 49% (24) were...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Joins Other Appeals Courts in Recognizing OSHA's Multi-Employer Worksite Authority

Under the Occupational Safety and Health Act, companies are responsible for preventing their employees from being exposed to safety violations. For years, OSHA has also asserted that a company can be held responsible for...more

Fisher Phillips

Top 10 Most Frequently Cited OSHA Standards, 2018 Edition

Fisher Phillips on

While it is not comparable to David Letterman’s Top 10 lists, at a recent industry gathering, OSHA announced its annual top 10 violations for fiscal year 2018 (October 1, 2017, through September 30, 2018). For those who have...more

Dentons

OSHA's New Silica Rules: Are you ready for OSHA to inspect your jobsite?

Dentons on

OSHA’s new silica rules (“Silica Rules”) for construction went into effect on September 23, 2017. Under the new Silica Rules, all contractors who engage in activities that create silica dust (such as by cutting, grinding, or...more

Fisher Phillips

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Cohen Seglias Pallas Greenhall & Furman PC

OSHA Continues Delayed Enforcement of Confined Space Standard for Residential Contractors

As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Snell & Wilmer

Utah Rejects the Multi-Employer Worksite Doctrine: General Contractors are Only Responsible for the Safety of Their Employees at a...

Snell & Wilmer on

The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide