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.
According to JD Supra, a recent court ruling in Texas has taken away that authority from OSHA in Texas, Louisiana, and Mississippi. In Acosta v. Hansel Phelps Construction Co., an administrative law judge ruled against OSHA, arguing that the multi-employer doctrine was invalid in the 5th Circuit, since a previous precedent had already been established in a different case. The 5th Circuit covers the three states mentioned above.
In the specific case mentioned above, OSHA cited both a subcontractor and the general contractor for exposing employees to an excavation cave-in hazard, but none of the general contractors employees were exposed to the hazard.
In order to preserve that authority and avoid federal judges being split on their rulings in the future, OSHA has filed for an appeal with the 5th Circuit. The administration argues that the case used as precedent did not involve OSHA, but instead an instance of negligence. JD Supra suggests that employers shouldn’t take OSHA lightly, as they expect them to “vigorously defend and enforce its multi-employer” doctrine.
Full story: OSHA Appeals Decision Invalidating Its Multi-Employer Citation Policy | JD Supra
At the National Safety Council Congress & Expo on October 23, 2018, OSHA’s deputy director of Directorate of Enforcement Programs, Patrick Kapust, announced their 10 most frequesntly cited safety violations for their fiscal year 2018.
On March 15, 2018, 6 people were killed and 8 others were injured when an under construction pedestrian bridge collapsed in Florida. Several months later, the National Transportation Safety Board (NTSB) released their preliminary report while conducting an official investigation. The NTSB later issued an “Investigative Update” to their preliminary report in August. In Mid-November, the NTSB released a 2nd investigative update, narrowing their root cause theories.
The City of New York is getting serious about construction regulation and using the full extent of the law to punish those who have acted negligently on the jobsite. Last year, Mayor Bill De Blasio issued a new law requiring all construction workers to undergo, at minimum, 40 hours of safety training. In 2016, Manhattan District Attorney Cyrus R. Vance Jr. successfully convicted a construction foreman of criminally negligent homicide and reckless endangerment after a laborer was killed in a trench collapse that he was overseeing. Earlier this month, DA Vance announced assault charges against a superintendent and branch manager after 2 men suffer horrific injuries on their jobsite.
The long delayed rule for crane operator certification has new life as OSHA has issued yet another final rule, after making alterations and clarifications. OSHA originally planned to require all crane operators to obtain certifications in 2010, but it has been delayed several times since then. A different final rule was proposed in 2017, but it was announced in May of 2018 that the administration intended to alter the rule.
The United States Consumer Product Safety Commission has announced a recall of 3 different drills manufactured by Black & Decker due to safety concerns.
Just over a year ago, in September of 2017, Hurricane Irma blew through Miami, Florida, bringing extremely high speed wind with it. The wind caused 3 cranes to collapse in southern Florida, 2 in downtown Miami and 1 more in Ft. Lauderdale. Interesting video of the dismantling of one of the failed cranes was shared on Youtube.
In September of 2017, OSHA’s new standard on exposure to respirable crystalline silica went into effect in the construction industry. The rule lowered the allowable exposure to the harmful substance to 50 micrograms per cubic meter, a measurement that we’re all familiar with [/sarcasm]. After a full year of enforcement, OSHA is considering making a change to the rule.
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