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A Lawyer’s Analysis of a $250K OSHA Scaffold Fine and a Contractor's Failed Appeal

August 18, 2016 Shane Hedmond
Photo by tup wanders, CC BY 2.0

Photo by tup wanders, CC BY 2.0

In March 2013, Flintlock Construction was building a hotel at a Manhattan construction site known as the 325 Project. OSHA inspectors visited the site and delivered three separate scaffolding violations that added up to a total of $249,920 in OSHA fines. Flintlock Construction immediately filed an appeal and that appeal was heard in July 2015.

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In Law, Project Management, Safety Tags construction, construction law, tips on appealing osha fines, osha fine tips, osha scaffolding fines, osha scaffold requirements, osha tips, osha violation appeal, david b lever, david b lever and associates
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Construction Industry Groups Fighting Back Against New Overtime Pay Rules

May 23, 2016 Shane Hedmond
department of labor logo

Back in March, construction industry group members and leaders strongly opposed a final rule issued by OSHA that requires greater protections for workers against silica dust, citing high costs versus minimal safety improvements. This month has pitted the Department of Labor (DOL) against the construction groups. 

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In News, Law, Project Management Tags construction, construction overtime rules, construction reaction to new DOL overtime rules, ABC response to new overtime rules, NAHB response to new overtime rules, how new overtime rules affect white collar employees, new overtime rules 2016, who is exempt from overtime pay
7 Comments

OSHA is About to Make Contractor Injury Records Public

May 20, 2016 Shane Hedmond
OSHA Logo

As we’re all aware, construction is a dangerous occupation, but just like any business decision, it’s hard to figure out how to solve the problem without having data for back up.  OSHA has just released a final rule for employers in high risk industries, including construction, which requires companies to make injury data available to not only OSHA, but the general public.

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In Safety, Law, News, Project Management Tags construction, accident reporting requirements osha, new osha requirements 2016, injury data made public osha, final rule on injury tracking construction, injury data by construction company
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Your ‘No Trespassing’ Sign Isn’t Good Enough, Here’s Why

February 25, 2016 Shane Hedmond
Photo by Jon, CC BY-SA 2.0

Photo by Jon, CC BY-SA 2.0

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.

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In Law Tags construction, are no trespassing signs legally binding, do you have to follow no trespassing signs, no trespassing signs legality, how to stop someone from trespassing on job site
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Don’t Lie to OSHA: Alabama Contractor Sentenced to 3 Years Probation for “False Statements”

September 10, 2015 Shane Hedmond
OSHA logo

Recently, we learned that knowingly putting your employees in danger can land contractors a prison sentence of two years for involuntary manslaughter.  Well, OSHA doesn’t take too kindly to being lied to either.

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In Law, Safety Tags construction, safety, OSHA prison sentence, osha, osha violations, how osha violations can get you in trouble with the law
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How New DOL Overtime Rules Would Affect Construction Workers and Company Owners

August 21, 2015 Shane Hedmond
us department of labor flag

The U.S. Department of labor has proposed an update to the Fair Labor Standards Act’s minimum wage policy that would affect nearly 5 million workers in 2016.  The purpose of the policy is to require employers to pay their employees overtime rates for any hours worked over 40 per week. 

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In Law, Project Management Tags overtime rules, construction, white collar exemption, proposed overtime changes construction, us department of labor construction statistics, us department of labor, fair labor standards act
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OSHA Fines Construction Companies Almost $2 Million Dollars for Exposing Employees to Asbestos

August 19, 2015 Shane Hedmond
Photo by Joe P, CC BY SA 2.0

Photo by Joe P, CC BY SA 2.0

You’ve probably heard the commercials about it hundreds of times by now, but Mesothelioma is a rare type of cancer that is most commonly caused by prolonged exposure to asbestos.  It is estimated that those who develop mesothelioma only have a 10 month survival time, as the disease is nearly always fatal.  In 1989, the United States and the Environmental Protection Agency effectively banned the vast majority of all asbestos containing material.  Surprisingly, a court of appeals overturned the ban and there are still more than a few building materials not banned from using asbestos, including roofing felt, cement shingles, millboard, cement pipe, and roof coatings.

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In Safety, Law Tags construction, osha, osha violations, asbestos violations, us department of labor
2 Comments

Construction Company Owner and Project Manager Sentenced for Involuntary Manslaughter after Laborer Dies in Trench Collapse

August 7, 2015 Shane Hedmond
The photo above shows a trench rescue by the Charlotte, NC fire department in 2011. Photo by Charlotte Fire Department, CC BY 2.0

The photo above shows a trench rescue by the Charlotte, NC fire department in 2011. Photo by Charlotte Fire Department, CC BY 2.0

Properly shoring trenches require a lot of extra room, time and money on job sites.  Because of that, many contractors try to cut corners and skip the shoring, but doing so can have fatal consequences. We recently wrote about trench safety and a neat tool that makes it very easy, which you can find here.

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In Safety, Law Tags trench shoring, trench slope, prison sentence for trench collapse, safety, cal.osha, jobsite death, construction employer negligence, us sino investment, trench
1 Comment

Create an Employee Handbook to Protect Your Company

April 23, 2015 Shane Hedmond
employee handbook

Employee handbooks not only let your employee what you expect of them, it can also protect your company from legal issues.  If your company does not currently have a handbook or you're looking to update your existing one, be sure to continue reading.

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In Project Management, Law Tags construction, employee handbook, harassment, Craig Martin, Construction Contractor Advisor
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How to Hold Your Subs Accountable For Their OSHA Violations

April 10, 2015 Shane Hedmond

General Contractors are often tasked with being everywhere at the same time and OSHA takes no exception to that.  OSHA’s directive number CPL 2-0.124 states that on any multi-employer worksite, multiple companies can be held liable for the same OSHA infraction, even the “controlling” entity (read: General Contractor) even if they didn’t cause the infraction.

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In Safety, Project Management, Law Tags construction, law, safety, OSHA, indemnity
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