In January of 2017, OSHA released a final rule which greatly reduced the allowable exposure to beryllium, a mineral that can cause deadly lung disease. While not as commonly encountered in the construction industry as other substances that cause terrible lung diseases, like crystalline silica and asbestos, beryllium is linked to a disease called chronic beryllium disease, which kills around 100 people each year. It’s commonly found in coal slag, which is used for sandblasting. According to the New York Times, OSHA estimates that 11,500 construction workers would be affected by OSHA’s reduced exposure limit.
Read moreOSHA Changes Policy on Monorail Hoists in Construction
In a year that OSHA can’t seem to enforce any new rules, it appears to have found a way to remove a rule from its books. As announced last week, OSHA has removed monorail hoists from Subpart CC – Cranes and Derricks in Construction. Employers are still required to follow other OSHA regulations regarding the hoists, but this rule should help clear up some inconsistencies.
Read more[UPDATE] OSHA Proposes Delay for Electronic Injury Reporting Rule
Since the beginning of the year, OSHA has had a pretty hard time enforcing any of its new rules due to delays. The silica dust exposure rule was delayed 90 to September 23, the crane certification rule is facing yet another possible delay, and now the electronic injury reporting rule is facing another delay.
Read moreLawsuits Filed Against Home Depot, Menards Over Actual Size of 4x4s
For over 60 years, nominal lumber dimensions have been used in lieu of actual dimensions for lumber. That fact hasn’t stopped 2 class action suits, one for Menards and one for Home Depot, from being filed by an Illinois law firm over the size discrepancy, according to the Milwaukee Journal Sentinel.
Read moreOSHA Delays Electronic Recordkeeping Injury Reporting
On January 1, 2017, OSHA officially put into effect a revision to workplace injury and illness reporting that requires certain employers to submit recorded information of these instances electronically. Companies were to submit all of this information from the previous year (2016) by July 1, 2017, but now that due date is in jeopardy.
Read moreInjured Carpenter Awarded $2 Million After CM Fails to Instruct Him to Wear PPE
The worst day on the job is when someone on site gets injured. The 2nd through 500th worst days are the legal battle that follows many of those injuries. Nobody expects accidents to happen, but it’s best to be adequately prepared if one does. That not only includes knowing how to react to injuries with a safety plan, but also making sure your company’s documentation is in order in case lawsuits start flying.
Read moreThe Importance of Using Daily Job Reports
The following article was written by Miami Construction Lawyer Alex Barthet
In a court of law, a contractor’s daily reports are critical. In many instances, they are considered key evidence showing what actually occurred at specific times on the job. And since people’s memories fade, a court will likely rely heavily on what the daily reports say happened (especially when presented with a corroborating witness).
Read moreTrump Imposes Tariffs up to 24% on Canadian Softwood Lumber
Softwood lumber, often used for structural framing and decking, among other uses, may be seeing a price increase in the US in the near future. On Monday, the U.S. Department of Commerce (DOC) has announced that they will be imposing tariffs of up to 24% on all softwood lumber imported from Canada.
Read moreIs The Construction Law Landscape Changing?
The following is a guest post written by Laurence Banville, Esq.
Construction is on the rise again, especially in the Northeast region of the U.S. The attractive landscapes of Maine, Vermont, New Hampshire, Pennsylvania, and New York are drawing people back to the east coast. People are finding that they can get that country home feel with metropolitan access, and most are building new homes and businesses in these states for that very reason. Of course, with new and increased construction comes new and increased personal injury cases. Newer technology and methods of construction are also changing the frequency and types of injuries too. All those changes seem to be changing construction law practice.
Read moreUPDATE: Senate Votes to Repeal Federal ‘Blacklisting’ Rule
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
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