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.
Just last month, a couple took to Tianjin, China to climb the current world’s tallest crane at 2,000 feet in the air. They didn’t just climb up to the cab, either, they scaled the full length of the boom and stood hung out at the very top. Armed with GoPro cameras and a drone, they got some truly incredible footage, but the fact remains that it poses an interesting threat to construction sites.
This isn’t only happening in China, either, it’sa world wide epidemic. It has happened in Miami, FL, Southampton, England, and Dubai, among countless others. So, the question is, in the event of a thrill seeker entering your job and climbing your crane or building, what can contractors do to limit their liability?
According to the fine folks at The Barthet Firm, a construction law firm based in Miami, Florida, the first thing any contractor anywhere should be doing is to post legally compliant “No Trespassing” signs. In just about every US State and most foreign countries, it is illegal and a crime to trespass onto another’s property. And the way that law gets enforced is through the posting of No Trespassing signs in designated areas of the property. This is serious business; in fact, trespassing onto a construction site in most places is a felony.
But you can’t just nail up some signs and think you’re covered. The law generally states you have to provide adequate warning to anyone entering private property that the property is in fact restricted. You do so by clearly stating that the property is Posted. And to make that stick in court, your signs must be in the right place and have the right wording.
In January of 2017, OSHA released a final rule which greatly reduced the allowable exposure to beryllium, a mineral that can cause deadly lung disease. While not as commonly encountered in the construction industry as other substances that cause terrible lung diseases, like crystalline silica and asbestos, beryllium is linked to a disease called chronic beryllium disease, which kills around 100 people each year. It’s commonly found in coal slag, which is used for sandblasting. According to the New York Times, OSHA estimates that 11,500 construction workers would be affected by OSHA’s reduced exposure limit.
In a year that OSHA can’t seem to enforce any new rules, it appears to have found a way to remove a rule from its books. As announced last week, OSHA has removed monorail hoists from Subpart CC – Cranes and Derricks in Construction. Employers are still required to follow other OSHA regulations regarding the hoists, but this rule should help clear up some inconsistencies.
Since the beginning of the year, OSHA has had a pretty hard time enforcing any of its new rules due to delays. The silica dust exposure rule was delayed 90 to September 23, the crane certification rule is facing yet another possible delay, and now the electronic injury reporting rule is facing another delay.
For over 60 years, nominal lumber dimensions have been used in lieu of actual dimensions for lumber. That fact hasn’t stopped 2 class action suits, one for Menards and one for Home Depot, from being filed by an Illinois law firm over the size discrepancy, according to the Milwaukee Journal Sentinel.
On January 1, 2017, OSHA officially put into effect a revision to workplace injury and illness reporting that requires certain employers to submit recorded information of these instances electronically. Companies were to submit all of this information from the previous year (2016) by July 1, 2017, but now that due date is in jeopardy.
The worst day on the job is when someone on site gets injured. The 2nd through 500th worst days are the legal battle that follows many of those injuries. Nobody expects accidents to happen, but it’s best to be adequately prepared if one does. That not only includes knowing how to react to injuries with a safety plan, but also making sure your company’s documentation is in order in case lawsuits start flying.
The following article was written by Miami Construction Lawyer Alex Barthet
In a court of law, a contractor’s daily reports are critical. In many instances, they are considered key evidence showing what actually occurred at specific times on the job. And since people’s memories fade, a court will likely rely heavily on what the daily reports say happened (especially when presented with a corroborating witness).
Softwood lumber, often used for structural framing and decking, among other uses, may be seeing a price increase in the US in the near future. On Monday, the U.S. Department of Commerce (DOC) has announced that they will be imposing tariffs of up to 24% on all softwood lumber imported from Canada.
The following is a guest post written by Laurence Banville, Esq.
Construction is on the rise again, especially in the Northeast region of the U.S. The attractive landscapes of Maine, Vermont, New Hampshire, Pennsylvania, and New York are drawing people back to the east coast. People are finding that they can get that country home feel with metropolitan access, and most are building new homes and businesses in these states for that very reason. Of course, with new and increased construction comes new and increased personal injury cases. Newer technology and methods of construction are also changing the frequency and types of injuries too. All those changes seem to be changing construction law practice.
In February, the House of Representatives voted 236-187 on a resolution to block the ‘blacklisting' rule, sending it to the Senate for a second vote. The act would have given the federal government the ability to disqualify contractors if they violated any of the 14 labor laws, which can be found here, over the past 3 years on any project totaling $500,000 or more