The following article was written by Miami Construction Lawyer Alex Barthet and appeared first on The Lien Zone. It was re-posted with permission from the author. To view the original post, titled, “Posting No Trespassing Signs – Strict Compliance Needed,” click here. For more information about Alex and his firm, please visit TheLienZone.com and Barthet.com.
We have all seen those “No Trespassing” signs prohibiting access to construction sites, but few may be aware of both the meaning and the specifics of the law applicable to these words.
A recent case, which reversed a conviction for trespass, illustrates well all the elements necessary to enforce a designated no trespassing area. Florida Statutes provide that it is a third degree felony to trespass on a construction site which is legally posted. Posted land is defined as land upon which signs are placed not more than 500 feet apart and at each boundary corner and upon which there appear in letters not less than 2 inches in height, the words “NO TRESPASSING”. The name of the owner or occupant of the land must be included. The signs must be clearly visible and need to state the following:
THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.
Though the state in this recent case argued that only substantial compliance with these requirements was necessary to enforce the trespassing law, the court found that the failure of the owners to post a sign at each corner was fatal to any attempted conviction of a trespasser.
If you decide to post these signs, you better do it right.
Trenches are a construction jobsite hazard that happen on nearly every construction site involving dirt work, but, all too often their dangers are underestimated. In fact, trench related deaths in 2016 have more than doubled as compared to 2015. There’s no excuse for allowing a trench related death to happen, but it’s rare that job site supervision suffers criminal charges after one occurs. After the death of a 22 year old New York construction worker, the Manhattan District Attorney’s office took a hard stance against those responsible and announced formally sentenced the on-site foreman last week.
2016 has been a tough year for people that live in ocean-near luxury high rise condos. The Millennium Tower in San Francisco, California, which is home to many of the city’s rich and famous residents, has found itself in the middle of several lawsuits after it was determined to have sunk around 16 inches since its opening in 2008. Now, it appears that it’s not the only luxury tower in America with foundation issues.
It’s been a tumultuous year between several governmental agencies and businesses alike and, because of that, both sides have been repeatedly put into a state of limbo. Three new major rule changes have made headlines, especially in the construction industry, this year, including an injury and illness record keeping and reporting rule, a “blacklisting” rule, and an overtime pay rule.
Modular construction has been heralded by many as the next big thing in building structures quickly and cost effectively. By being able to construct parts of the building in a controlled environment, like a factory, workers can perform more efficiently, comfortably, and safely, ideally translating into shorter schedules and smaller costs. That theory got one of its biggest tests on a new 32-story residential building that recently opened in Brooklyn, NY.
It’s been a strenuous year for leading construction industry groups and American government agencies. Three controversial new rules, that were supposed to have been in effect at this point, have ignited a heated battle, including some lawsuits. New overtime pay rules, a ‘blacklisting’ rule, and an injury illness record keeping and reporting rule have been successfully delayed by leading construction industry groups. Below is a summary of the recent developments:
Working in the construction industry, especially at construction sites, involves a high risk of injury. Some of the most common injuries that construction workers are exposed to may result from falls, falling objects, building collapses, and fires or explosions. Some injuries result in burns, amputation, lacerations, cuts, eye injuries, and broken bones among other things. Considering the high risk of injuries in this line of work, worrying about finances is the last thing you need if an injury occurs that could keep you away from work for a while. Salary loss and medical bills pile up very quickly during such times. Workers compensation is designed to address such eventualities. In the US, the program currently covers over 130 million people. The average wages paid to covered people are in excess of $ 6 Trillion per year.
There have been several new laws in 2016, or new enforcement styles of existing laws, that are ready to make their mark on the construction industry. Among them are the US Department of Labor’s new rules on overtime pay and the Fair Pay and Safe Workplaces Act. Both laws affect the amount construction employees must be paid and when they should receive that pay, so documentation of employee time sheets and payments is becoming increasingly important. If your company plans to bid on any Federal Government work, violations of these new laws can keep you from getting the job.
2016 has been filled with controversial law changes affecting contractors, like the first increase in OSHA fines in 27 years, OSHA’s new injury reporting rule, and new overtime pay rules. Industry groups have submitted comments hoping to ease the pain on contractors, but have not had any success overturning any of them. The next challenge facing contractors started with the Fair Pay and Safe Workplaces Executive Order signed in July 31.
Cranes are not only an extremely useful piece of equipment, but they’re also extremely dangerous if something goes wrong. Each year, there are several crane collapses and other crane related accidents that claim lives. Having said that, the last thing contractors need is for adrenaline seekers to start climbing and playing around on their cranes. The problem is, it’s already happening.
In March 2013, Flintlock Construction was building a hotel at a Manhattan construction site known as the 325 Project. OSHA inspectors visited the site and delivered three separate scaffolding violations that added up to a total of $249,920 in OSHA fines. Flintlock Construction immediately filed an appeal and that appeal was heard in July 2015.