Revised standards for training forklift operators in the construction industry were published by OSHA in November 1998, ending nearly a decade of work on more detailed training requirements. With an effective date of March 1, 1999, the new standards require compliance by December 1, 1999 for forklift operators hired prior to December 1, 1999, and […]
JOB APPLICANT CAN SUE UNDER ADA DUE TO MEDICAL HISTORY QUESTIONS ON JOB APPLICATION, EVEN IF NOT DISABLED
In an October 29, 1998 ruling, the Tenth Circuit Court of Appeals let stand a non-disabled job applicant’s lawsuit against a prospective employer under the ADA based on two medical history questions in the employer’s job application. The Court ruled that the questions violated the ADA, and that the applicant had a claim against the […]
COURT SAYS CONTRACTOR MUST PAY FOREMAN FOR TRAVEL TIME FROM SHOP TO JOB SITE AND BACK
The Eighth Circuit Court of Appeals recently upheld a Fair Labor Standards Act ruling by the United States District Court for the Western District of Missouri, requiring a contractor to pay its hourly foreman for the time spent by the foremen at the contractor’s shop before and after their regular work at the job site, […]
UTILITY CONTRACTORS BEWARE – EXEMPTIONS FROM OKIE-ONE CALL STATUTE ARE NOT ALL THEY SEEM
The Oklahoma Underground Damage Prevention Act (the “Act”) requires, among other things, that “excavators” (1) notify all operators with underground facilities on or near an excavation area no more than 10 days nor less than 48 hours before excavation, and (2) after the operators of the underground facilities have marked the approximate location of such, […]
PUBLIC WORKS PAYMENT BONDS PROVIDE SECURITY TO ALL PARTIES SUPPLYING LABOR AND MATERIAL TO PUBLIC WORKS PROJECTS IN OKLHOMA
Payment bonds on public works projects are intended to ensure payment of all debts incurred by the prime contractor, his subcontractors, and all materialmen that furnish goods or services on a public works project. Many Oklahoma vendors and contractors, however, are under the mistaken belief that only subcontractors and vendors with a direct contractual relationship […]