In February, the House of Representatives voted 236-187 on a resolution to block the ‘blacklisting' rule, sending it to the Senate for a second vote. The act would have given the federal government the ability to disqualify contractors if they violated any of the 14 labor laws, which can be found here, over the past 3 years on any project totaling $500,000 or more.
On Monday, the Senate officially voted against the ‘blacklisting’ rule, giving it its second of 3 strikes. The final step in completely killing the rule is obtaining a signature from President Trump.
The Associated Builders and Contractors (ABC) has been leading the charge within the construction industry in blocking the rule from implementation. In a press release, ABC Vice President of Regulatory, Labor and State Affairs Ben Brubeck said:
“By using the Congressional Review Act to nullify this rule, Congress has taken an important step in removing burdensome and duplicative reporting requirements and eliminating a costly barrier to entry that would have discouraged many small contractors from bidding on government contracts. ABC looks forward to working with the Trump administration and Congress to improve the federal government’s existing suspension and debarment system, which already requires contractors to report violations, as well as to ensure contracts are bid through a process that encourages competition from all qualified contractors while protecting the American workforce and taxpayers’ investment.”
As usual, there’s a clear divide among party lines, as Republicans are generally against the ‘blacklisting’ rule and Democrats are generally in favor of the rule. Proponents believe the rule protects the workforce, while those against believe it could lead to the blackmailing of companies wishing to perform work for the government, according to the Hill.
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.