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
The construction industry has never been one to freely share information without charging a fee. That’s changed slightly recently, with some major players willing to provide useful tools and information to help us become better. For instance, we recently shared that Procore has released hundreds of free continuing education courses on their education platform. Another useful site we’ve found recently has shared dozens of toolbox talks to help your team on the jobsite learn about safety.
[guest post] The reality is that construction workers, who already face hundreds of hazards just by working in the industry, are also often at risk for becoming injured or ill due to contact with wildlife.
It should be obvious that formal safety training is extremely important to running a successful safety program on any construction site. The most common route for construction employers to train their staff is through OSHA 10 and OSHA 30 courses, but, in the past, it was pretty confusing to determine who was actually authorized to teach the courses and where to find them.
[guest post] Spring is here and before we know it, summer will follow. In both seasons, weather conditions can present dangers to construction workers. Without education and preparation, workers may find that they are seriously ill or injured during work.
Crane collapses on construction jobsites are usually pretty terrifying, especially when the jobsite is full of workers. A construction site in St. Petersburg, Florida got extremely lucky when a large construction crane collapsed and narrowly missed several running workers.
Construction workers rely on power tools to do their jobs every day. Working with power tools is also inherently dangerous, but compounding that risk with a manufacturers defect could be a recipe for disaster. Product recalls on tools, thankfully, don’t happen very often, but it’s extremely important to find out about them before you put yourself at risk for potential injury.
Every construction company wants to avoid workplace accidents on their jobsites. The problem is, far too many companies don’t have a structured safety program to help them achieve lower injury rates. The Associated Builders and Contractors, Inc. (ABC) recently released their 2018 Safety Performance Report, which showed how companies were achieving a 670% lower injury rate versus the national average.
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.
[guest post] The “fatal four” are falls, electrocutions, struck by an object, and caught in/between. Falls alone cause over half of the deaths in construction. With today’s technology, the fatal four could be a thing of the past.
Since the FIU bridge collapse last Thursday, there has been a lot of speculation on how exactly this catastrophe happened, based on pieces of information learned over the past few days, as well as a couple grainy videos of the collapse. It’s going to be a long time before investigations into the true causes are determined and all the dust surrounding impending lawsuits clears, but for now, we have one very interesting Youtube video explaining a plausible cause of the failure.