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
Falls are, by far, the leading cause of fatalities in the construction industry, accounting for nearly 40% each year. That fact is the main reason why personal fall protection devices are so heavily stressed in the industry. But, even if your fall is arrested by a harness, you’re not out of the woods yet, as serious complications can happen while you’re being suspended in the air.
We all know – or, at least, should know – about construction’s Fatal Four Hazards: Falls, Struck-by, Caught-in or Between, and Electrical. Those hazards get most of the attention in most safety training courses in construction and rightfully so, they contribute to a large majority of all deaths on the jobsite. A recent study, however, highlights the need to take certain health hazards more seriously, due to their long term effects.
Summer is officially upon us and beating the heat will keep you healthy and productive. There are many summer dangers on construction sites, but OSHA maintains that water, rest, and shade are the most important factors to avoiding heat illness. Here are a few products to help keep you and hydrated on your jobsites this summer.
In March of 2018, an under construction pedestrian bridge on Florida International University’s (FIU) campus collapsed onto an open street below, killing 6 and injuring several others. Many investigations and lawsuits are still ongoing after the tragedy, but OSHA has released their official report after a roughly 14 month long investigation.
According to a 2016 study by the Center for Disease Control (CDC), the construction industry sadly ranks first in total suicides and second in suicide rate compared to all other industries in the United States. In response, OSHA has recently published a webpage with resources to help prevent suicides in the construction industry.
As a storm blew through the Dallas, Texas area on Sunday afternoon, a tower crane standing near an occupied apartment building collapsed causing at least one fatality and 6 injuries.
The lockout/tagout (LOTO) procedure has been one of the critical elements of electrical safety training on construction sites for a decade. Generally, it’s pretty simple: if you need to work on an energized circuit or piece of equipment, shut down the breaker, put a lock on it so no one can turn it back on, and place a tag on it with your information. OSHA is considering updating the standard now and is currently requesting information from interested parties.
As the United States just recently suffered another tragic and deadly construction incident involving civilians after a crane collapsed in Seattle over the weekend, we’re reminded that the bridge collapse on FIU’s campus in Miami in early 2018 still has many unanswered questions.
For the past 3 years, Seattle, Washington has had the most construction cranes out of any United States city. But, as we know, from various videos and news stories, a crane collapse can have absolutely devastating consequences. On Saturday, a crane collapsed in downtown Seattle onto an open road below, killing two construction workers, 2 pedestrians, and injuring several others in the process.