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.
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.
Project managers and supervisors are responsible for keeping their employees safe and the court system has recently shown that they take that responsibility very seriously. When supervisors act in a negligent manner and people get hurt or killed, they should be held liable.
Construction Safety is talked about constantly. There are many construction companies that take it very seriously. There are also many that don’t. All will say it’s their top priority.
So what can a city do that’s facing regular worker deaths and increases in workplace injuries? New York City has decided to require extensive safety training for all of the 185,000 construction workers in the city.
OSHA currently controls over 20 laws that protect workers who file safety complaints against their employer or other employees. In general, whistleblowers are protected against retaliation from their employer.
In August of 2016, it was discovered that a luxury high rise condominium complex in San Francisco, which houses several celebrities, was sinking and leaning considerably. The 58-story Millennium Tower contains home that range in value of anywhere from $1.6 million to $10 million. Since the discovery, fingers have been pointed in all directions and several lawsuits have been filed.
In January of this year, tragedy struck a Florida construction company when 3 construction workers died while working underground below a newly paved road. After the first worker entered the hole and collapsed after entering the confined space through a manhole, the second went in to rescue him and also collapsed, followed by the third. After a post-incident investigation, OSHA has released their findings, as well as several fines.