ENVIRONMENTAL ISSUES IN CONSTRUCTION CONTRACTS

INTRODUCTION Unknown or undisclosed hazardous materials or substances can have catastrophic financial and schedule impacts if they are discovered at a construction site. The financial impacts arise from extremely expensive remedial actions mandated by various regulatory agencies whenever hazardous materials are discovered or spilled. The schedule impacts arise from the disruption to the planned construction […]

CRANE OPERATOR RE-QUALIFICATION NOT REQUIRED BY OSHA

In an interpretation letter released January 21, the Occupational Safety and Health Administration determined that while crane operators must pass a practical examination to operate cranes, they do not have to be re-qualified under current federal standards. Current federal standards require crane operators to meet the requirements prescribed by the American National Standards Institute (ANSI) […]

FALSIFYING SAFETY REPORTS DOES NOT PAY

A Tennessee Valley Authority contractor recently agreed to pay $6.2 million to settle charges it falsified safety records and failed to maintain required safety logs. The contractor’s actions (or lack of action) was apparently driven by its effort to earn safety related performance-based fees under its $1 billion contract with the TVA. In addition to […]

TOUGHER INSPECTIONS, HIGHER FINES EXPECTED IN OBAMA ADMINISTRATION

Labor and business sources familiar with OSHA have predicted tougher OSHA inspections and higher fines under President-elect Obama. Cooperative programs have historically been less of an interest to Democratic administrations than enforcement. Accordingly, OSHA is widely expected to step back from its recent emphasis on voluntary worker protection in favor of stiffer enforcement and penalties. […]