OSHA recently finalized revisions to its recordkeeping rule that have greatly expanded the requirements for reporting work-related fatalities and severe injuries. The new rule, which becomes effective January 1, 2015, requires that all employers under OSHA jurisdiction report all fatalities, in-patient hospitalizations, amputations and injuries that result in the loss of an eye. This is a major expansion from the previous rule, which exempted employers with fewer than 10 employees or specifically identified low hazard industries (such as retail, service, finance, insurance or real estate industries) from this reporting requirement. Now, if an employer is covered by the Occupational Safety and Health Act, it must follow the reporting guidelines. (more…)
Although OSHA implemented its Cranes and Derricks in Construction Standard (29 C.F.R. 1926 Subpart CC) back in 2010, it just now released its directive for how OSHA inspectors should enforce that rule. Multiple layers of legal review and approval, as well as revisions and challenges to the standard, contributed to the delay. (more…)
The Louisiana Public Works Act prohibits “no damage for delay” clauses in contracts for publicly bid projects. Recently, the State of Louisiana tested the boundaries of that prohibition by including a provision in a public contract that limited the contractor’s recovery of delay damages to situations where there was a complete stoppage of work solely attributable to the fault of the public entity/owner. The Louisiana First Circuit Court of Appeal examined this provision and concluded that it was an impermissible attempt by the State to limit the contractor’s ability to recover delay damages to specific circumstances narrower than allowed in the Public Works Act. (more…)
The ABA Construction Forum, Division 1, just posted an article about e-discovery and how it is still discovery despite its complications.
Last month, the Louisiana First Circuit Court of Appeal issued two decisions in favor of unsuccessful bidders on public projects. (more…)