Even as the construction industry continues its recovery from the impact of the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) scheduled the eighth annual “National Safety Stand-Down to Prevent Falls in Construction” event for May 3-7, 2021.
Expansion of Premises Liability for Construction Owners
A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the work being performed. Chapter 95 of the Texas Civil Practice and
OSHA’s COVID-19 Enforcement Updates: Case Response Plan and Employer Recordkeeping Guidance
On May 19, 2020, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease to address how the administration intends to handle COVID-19 related complaints, referrals and reports. At the same time, OSHA also issued Revised Enforcement Guidance for Recording COVID-19 Cases. Both the plan and the updated guidance go into effect on
OSHA Issues Temporary Guidance on Enforcement of Employers’ COVID-19 Recordkeeping
On April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer reporting requirements arising from COVID-19 illnesses that will remain in effect during the duration of the “current public health crisis.” The guidance clarifies when employers must record COVID-19-related cases. Such a case is recordable if an
Defense Production Act: Key Provisions and Takeaways
On March 18, 2020, President Donald Trump signed an Executive Order invoking and delegating the authorities of the Defense Production Act (DPA) to the secretary of the U.S. Department of Health and Human Services (HHS) to provide critical health and medical resources to respond to the spread of the novel coronavirus pandemic (COVID-19). On March
CISA Updates Guidance on Essential Critical Infrastructure Workers; More States Issue Stay-at-Home Orders
Over the weekend, the Cybersecurity & Infrastructure Security Agency (CISA) issued updated guidance expounding on its classification of workers who are essential to the nation’s critical infrastructure viability during the COVID-19 crisis. As discussed in our previous alert and blog post, CISA has identified 16 key infrastructure sectors that should continue operations to protect
The Contractor’s Coronavirus Checklist
The coronavirus disease (COVID-19) continues to dominate global headlines and markets. In the U.S., COVID-19 has prompted two governors to declare states of emergency; tragically claimed the lives of multiple U.S. residents; and has been reported in 10 states and counting. Due to the growing impact of the coronavirus, commercial contractors would be wise to
Quick Tips on Effective Construction Quality Control
Quality control (QC) programs and reporting are not new to the construction industry. Engineers’ and owner’s specifications, and even manufacturers’ product data sheets, make clear what procedures must be followed and what records must be prepared to ensure that specified quality requirements are met or are within acceptable limits. Contractors are used to filling out
Cannabis and the Contractor: Effective Drug Testing Policy and Compliance
Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening America’s federal prohibition abound in Congress. This rapidly evolving legal landscape presents new challenges for contractors (and other employers), particularly
The Importance of Maintaining a Safe Construction Site
In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance of maintaining a safe and accessible construction site both for the workers on-site and civilians located