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.
Last November, OSHA issued a final rule that would finally allow them to enforce language, which has been in their standards since 2010, requiring construction crane operators to be formally qualified to operate the equipment. The first day of enforcement for that rule had been set for November 10, 2018, but the agency has recently proposed a new rule that would pull back some of the initial requirements.
In March, OSHA announced that they would be enforcing their previously delayed beryllium exposure limit for the construction industry on May 11, 2018. The agency has recently confirmed that enforcement date in a memorandum on May 9, 2018.
OSHA newer and more stringent regulations regarding employee’s exposure to respirable crystalline silica officially went into effect on September 23, 2017. The new reduced the permissible exposure limit of the substance, which is found mostly in products containing sand (like concrete, mortar, and brick), from 250 micrograms per cubic meter of air down to 50 micrograms per cubic meter of air averaged over an 8 hour shift.
If your company did not electronically submitted its 2016 OSHA 300A injury and illness log to OSHA before December 31, 2017, they could be facing an other-than-serious violation with a maximum penalty of $12,934. We tried to warn you, and warn you, and warn you again.
First announced in January 2017, OSHA’s new beryllium exposure limit for construction workers was originally supposed to be in full effect on March 12, 2018. The administration just announced last Friday that the new enforcement date for the rule will be May 11, 2018.
OSHA gives employees many rights in the workplace and employers many responsibilities. One of those is the employee’s right to see the company’s OSHA 300 Injury and Illness Summary Log and the employer’s responsibility to post it.
When OSHA raised its citation penalty amounts for the first time since 1990 in 2016, it raised them 78% to catch up with inflation over that many years. It wasn’t just a one time increase, however, as the amended Federal Civil Penalties Inflation Adjustment Act of 1990 no longer exempts OSHA from its requirements.
If you have not submitted your company’s OSHA Form 300A electronically through OSHA’s Injury Tracking Application (ITA) yet, you only have a few days left to do so.
OSHA has long used the language in the OSH act to find and hold multiple employers accountable for the actions of another on construction job sites. For decades, OSHA would not only cite the employer whose employees were exposed to hazards, but would also cite the employer who was designated the “controlling employer” on-site, which is most often the general contractor.
The controversial Electronic Injury and Illness Reporting rule from OSHA was supposed to go into effect on December 1, 2017, but OSHA has recently delayed that enforcement to allow those affected to become familiar with the new electronic reporting system.