Philadelphia Construction Law Blog

President Barack Obama recently signed into law a bill that significantly increases the penalties relating to certain violations of the Occupational Safety and Health Act. Labelled as a “catch-up adjustment”, the new law increases the maximum fines associated with OSHA violations by 78%. An adjustment to the fines was last made in 1990.

The Occupational Safety and Health Administration announced on April 7, 2016, that it was levying a huge fine on New Jersey contractor Berlin Builders. The citations and fines relate to multiple projects, the two most recent of which are the Springford Estates development in Limerick Township, Pennsylvania, and the American House project in Perkasie.

OSHA’s record keeping requirements include multiple rules requiring that employers post safety related information for employees to see. Companies who have been through an OSHA citation process are aware that citations often are accompanied by a demand that the alleged violation be posted by the employer in one or more conspicuous places. There is another requirement often overlooked by construction companies.

Because of the work of the Occupational Safety and Health Administration, the CDC, and other construction work groups, many in the construction industry are now aware that prolonged and a high volume exposure to silica based products can cause life threatening diseases. These research and educational efforts have resulted in a better understanding of the threat, lead to better strategies to manage it, and resulted in safety protocols being utilized to protect workers.

The Occupational Safety and Health Administration revised its safety regulations governing work on electric power grids in July 2014. A final rule was passed imposing new safety standards to more closely track general industry standards. These changes will result in some revisions to both the construction of power grids and the maintenance of those grids by power companies and hired contractors.

The Philadelphia Business Journal is reporting that New Jersey Federal Judge Joseph Rodriguez recently accepted a guilty plea from an OSHA instructor who admits to selling fake OSHA 30 Hour Certification Cards.

It should be the goal of every owner and construction company to return employees home for dinner safely every day. In addition to being the right thing to do, workers who are injured, or worse, don’t show up for work the next day. Safety is and should be one of those symbiotic relationships that all parts of the construction community can work on together.

Effective June 29, 2014, Nicholas DeJesse is the Area Director of the Philadelphia Are Office for OSHA. The new position is a promotion from Assistant Area Director in Area III, a position DeJesse has held since April 2012.

The amended deadline for public comment on the new regulation pertaining to keeping records on construction worksite injuries is looming. As of today, public comment on the proposed change will close on March 8, 2014.

On February 10, 2014, the Occupational Safety and Health Administration announced its intention to extend the time for compliance with the crane operator certification by 3 years, or until November 2017. There is also discussion about delaying its implementation indefinitely. Intense criticism and concern over the rule on this subject issued by OSHA in August 2010 is cited as the reason for the change. The Advisory Committee on Construction Safety and Health is leading the charge on the concerns and recommended the delay. Comments on the delay are due by March 12, 2014.