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Vol. 55, Nos. 2710-2743 pp. 1-1158 March 5, 2009 - Nov. 5, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
OCCUPATIONAL SAFETY AND HEALTH
– ARRA, LIUNA urges U.S. to impose health and safety requirements on construction work funded by stimulus money, 285
– Canada, brain injuries in construction industry, study confirms peak in October, 1098 – Corporate Injury, Illness, and Fatality Reporting Act – Falsely representing qualifications of safety monitors on N.Y.C. environmental and USACE sites, consulting firm executive pleads guilty (S.D.N.Y.), 532; second official sentenced, 924 – Fatalities
See FATALITIES
– Hazard awareness, both U.S. and Mexican workers showed improvement in knowledge and attitude after completing 1 hour training, study, 754 – Hazardous substances – Injuries and illnesses – Negligence
See NEGLIGENCE
– Personal injury
See PERSONAL INJURY
See specific states
– World Trade Center
See NEW YORK
– Confined spaces, utility and coatings contractors and senior officials charged with criminal violations for fatal fire in violation of critical safety procedures (D. Colo.), 882
– General duty clause, failure to wear seat belts while using equipment was violation most commonly cited by OSHA in FY2008, offical says, 24 – Protection America's Workers Act
– Administration
– – Advisory Cmte. on Constr. Safety and Health, stimulus funding tops agenda for scheduled meeting, 181
– – Appointments and personnel changes, Solis says Barab appointed acting head out of frustration with confirmation process, Tex. program will increase construction safety inspections, 629; President announces intent to name Michaels to head, 708; business community urges Senate hearing to investigate Michaels, safety groups support nomination, 1051 – – FY2010 budget, request would fund biligual inspectors, 358
– – ARRA, Am. Indus. Hygiene Ass'n urges Solis to use stimulus money to improve enforcement, 82; OSHA preparing special emphasis program for projects funded by stimulus bill, 627; inspection program for Neb. bridge construction projects funded by stimulus announced, 666; correction, 669
– – Citations of specific contractors
See PENALTIES
– – Construction safety trainers, internet watchlist posted, 784 – – Crane collapses – – Defective electrical hand tools, repair outsourcer may not reassemble tools that cannot be repaired, interpretation letter, 883 – – Enhanced enforcement program, DOL OIG urges targeting resources to inspect workplaces with highest risk of hazardous conditions, 469; industry groups express concern, urge more collaborative approach, 534; Solis says planned increase in OSHA inspectors may not be enough to enforce rules, increased inspection of Tex. construction sites starting, 629 – – Falls
See FALL PROTECTION
See FATALITIES
– – Field Operations Manual, revised version for compliance officers released, lists significant changes, starts debate on §17, 178 – – Fines
See PENALTIES
– – Grants
See GRANTS
– – Lead exposure
See LEAD
– – Nat'l Ass'n of Women in Constr., OSHA announces alliance with Del. chapter to elevate awareness of hazards, particularly on work sites, 405 – – Outreach Training program, procedure for investigating complaints against independent trainers developed, 472 – – Penalties
See PENALTIES
– – Primary metals, occupational asthma, and other standards, OSHA hiring more inspectors, current staff insufficient, 328 – – Protection America's Workers Act – – Safety attire, high-visibility garments required for highway and road construction workers, OSHA interpretation letter, 1145 – – State-administered programs, OSHA will conduct special reviews for every state, Barab says, 1140 – – Susan Harwood training grants, applications solicited for programs to train on health and safety hazards, 531 – – Traffic work zone accidents
– – Alexander L. Booker Child Protection Site Safety Act
See ASBESTOS
– – Construction vehicles over 6 feet in height, compliance with fall protection standards not required, interpretation letter, 844 – – Cranes and derricks – – Fall protection
See FALL PROTECTION
See FATALITIES
– – Occupational noise exposure, AIHA urges acting chief to take action to lower, 288 – – Pneumatic nail safety, Advisory Comm. on Constr. and Health work group resolves to improve training, examine standards, 293 – – PPE – – Steel erection, compliance directive that may weaken worker protection to be rescinded, 840 – – Trenching
– Appeals, broad definition of notice of contest approved, motion for voluntary dismissal with prejudice valid, ALJ must decide if letter to OSHA timely (OSHRC), 1054
– Construction standard, citation for failure to implement fall protection system vacated, OSHA failed to establish standards applied (OSHRC, rev grant), 635 – Excavation standard, fines against subcontractor for work next to foundation without adequate support and or supervision throughout day upheld, no reasonable diligence (OSHRC), 818 – Lead, OSHA sampling results and expert testimony sufficiently reliable to establish exposure levels but penalty cut (OSHRC), 261 – Multiemployer work site, OSHA may cite general contractors for hazards created by subcontractors (8th Cir.), 5; review of liability for subcontractor sought (en banc rev sought), 218; citations upheld where general contractor was controlling employer (OSHRC), 758
– Failure to pay for hours work, overtime rates, and off-the-clock work on travel, SW residential contractor to pay damages in accord (C.D. Cal.), 1087
– Failure to pay for hours worked, insulation firm accord with class of mostly Latino workers approved, undocumented workers may share in damages (C.D. Cal.), 80
See specific offices
– Biennial budget, homeowners will be allowed to finance solar energy panels through property taxes, other tax matters, 769
– Centennial Park, Englewood required to pay prevailing wages for public baseball field owned by city (Ohio Ct. App.), 1060 – Legislative and regulatory roundup, 94; 227; 728 – Medina Cty., prevailing wage law applies only to workers on site of fire station project, off-site workers who fabricated materials not included (Ohio), 567 – Ohio River Bridges, Louisville, Ky. council urges mayor and governor to create work group to form authority to pay for 2 state projects, 768 – Ottawa Cty., BCTD argues state prevailing wage law applies whenever public entity funds development in any way (Ohio, oral arg), 153; no requirement to pay prevailing wages on private projects partially funded by state and local incentives (dec), 647 – PLAs, signatory entity may be seen as employer during arbitration even if subcontractor employer worker (N.D. Ohio), 933 – Prevailing wages, state seeking more than $1M from developer for failure to pay contractors (Ohio Ct. C.P.), 900 – Summit Cty., IBEW may do work on highway lighting and traffic signal project and not IUOE based on certifications, CBAs, employer preference, and past practice (NLRB), 757 – Transp. Dep't, state only had general supervisory role, no liability for worker exposure to lead-based paint while sandblasting before painting (Ohio Ct. App.), 756
– AHR Util., welders who complained about safety of pipeline installation protected but firing for refusal to work on damaged pipe did not violate whistleblower protection (DOL ARB), 664; decision is encouraging development for employers, preserves reasonableness in federal whistleblower laws, industry attorney says, 753
– American Energy Independence and Price Reduction Act – CITCO, fund administrator charges close relationship with investment funds, should have suspected Madoff fraud (S.D.N.Y.), 279 – Ky., measure freezing current gas tax level passed, bars scheduled rollback that would cut road fund revenues, 92 – Labor-management panel to increase domestic production, API, BCTD and 15 unions announce formation, 528 – Motor fuel tax, Congressional leaders and administration urge changes in policy and funding, Hutchinson (R-Tex) advocates letting states opt-out to keep tax revenues in-state, 290 – TransCanada Keystone Pipelines, plans to continue construction this spring, employ thousands of workers, correction to 54 CLR 3261, 30
– Senior Community Service Employment Program, ETA likel.y to take final action on rules to implement Older Americans Act amendments, semiannual regulatory agenda, 359
See ALTER EGOS
– Campaign web sites, no LMRDA violation in requiring local candidates to maintain password-protected access (D.C. Cir.), 568; text, 581
– Local 1, successor elevator contractor bound by CBA, must submit to arbitration (E.D.N.Y.), 1027 – Local 3, apprentice may not sue local after firing by contractor (E.D. Cal.), 55 – Local 17
– – RICO, union members and officers entitled to know identities of co-conspirators in action for conspiracy and extortion (W.D.N.Y.), 215
– – Training, BCTD and local have no standing to challenge awarding N.Y. public works project to contractor not meeting requirements (E.D.N.Y.), 258 – Local 24, former investment advisory firm consultant indicted for conspiracy to embezzle from pension funds (E.D. Mich.), 465 – Local 37, United Crane and Rigging pact ratified, 792 – Local 49 Health and Welfare Fund, LMRA preempts ERISA claim against union for misrepresenting contribution duties for nonunion workers (D. Minn.), 846 – Local 66, pact holding contributing employer harmless for withdrawal liability does not violate public policy and is enforceable (3d Cir.), 933 – Local 139
– – Job referrals, claim preclusion bars bias claim for manipulating (W.D. Wis.), 786
– – Strike over expired contract spread to more job sites, ULP charges filed, 609
– – Bargaining unit work without paying union wages, arbitrator calculation of damages misses the point of 8 hour work day clause but decision drew essence from pact (N.D. Ind.), 441
– – Conspiracy, fraud, and extortion, excavation firm had no LMRA claims against union (N.D. Ill.), 814 – – Fiduciary breach, LMRDA creates right to sue former officer who diverted real estate transaction for personal benefit (7th Cir.), 241; statute provides implied right (U.S., rev den), 1043 – – Ind., Marshall Cty. violated state law requiring projects of more than $100K to be bid out by performing 5 road projects (Ind. Cir. Ct.), 610 – – Indiana Toll Rd. Contractors, strike ends after pact attained, 7 – – Jurisdictional dispute, no ULP in threats to picket if RWAW members used on green roof installation where landscaping contractor has no CBA (NLRB), 1057 – – NW Ind. Contractors Ass'n, pact attained, 730 – Local 463, Building Indus. Ass'n of Niagara Cty, N.Y. pact ratified, 481 – Local 513, attorneys' fees request in benefits collection suit disproportionate to work done (E.D. Mo.), 20 – Local 513, filing disciplining charges and fining member who reported co-worker safety violation was ULP (NLRB), 934 – Local 520 Pension Fund, evidence about whether CBA covered period during which employer failed to make contributions unclear, summary judgment motion denied without prejudice (S.D. Ill.), 755 – Local 542, African Am. shipyard workers failed to show reasons for not giving advanced training were pretext and no racial animus (3d Cir.), 722 – Local 825, 2 more members plead guilty to conspiracy with contractors for paying union officials (D.N.J.), 207; crime family associate pleads guilty of racketeering and conspiracy in low-show job scam, 466 – Locals 324 and 547, Mich. locals to merge into single statewide local, 971 – Locals 701, 302, and 612 join NW Reg'l Council of the Nat'l Constr. Alliance II, separates from state BCTD, to establish conduit for relationship with signatory contractors, cut strikes, and maximizes leverage on pay and benefits, 808 – Multiemployer plan trustees' class action against investment firms for role in Madoff-related investments
See FIDUCIARY DUTY
– Cash wages, bill establishing compliance network to enforce tax and employment laws signed, 794
– Ergonomics, coalition demonstrates solutions for construction use, 130 – Gas tax, transportation bill hiking passed, governor expected to sign, 485; signed, 765 – Legislative and regulatory roundup, 94; 157; 194; 227; 486; 688; 728; 795; 861; 904 – Prevailing wages, Labor Comm'r concerned about pending bill exempting affordable housing portion of mixed-use projects, 308; several bills being considered by state legislature, 382 – Religious and political matters, bill barring bias against workers who opt out of participation passed, 579 – Salem, workers at hotel construction site not entitled to prevailing wages where no public work in joint development (Or. Ct. App.), 1062
– Card checks
– Firing workers who met with union organizer and creating alter egos to evade duties, plumbing contractor cited for ULP (NLRB ALJ), 413 – Norris-Laguardia Act, home builder may not enjoin LIUNA e-mail and voice mail messages after firing workers for organizing and efforts to organize subcontractors (E.D. Mich.), 997 – Restoring order to economy, Obama plans to support ways to ease, 113 – Salting
See SALTING
– Secret ballot elections, attorneys say states trying to guarantee right in private sector are really to block EFCA, NLRA preempts, Analysis, 161 – Truth in Employment Act – ULPs
– Bonuses, DOL recovers back pay for failure to include retention and daily bonuses in overtime rate, 1069
– DOL opinion letters – Failure to pay for hours worked, insulation firm accord with class of mostly Latino workers approved, undocumented workers may share in damages (C.D. Cal.), 80 – Independent contractors, renovation firm that misclassified laborers doing demolition, drywall, and painting must pay back pay, DOL accord (D. Or.), 1116 – Liquidated damages, Colo. contractor liable for despite foreman never reporting number of hours worked (D. Colo.), 679 – Mass., painting firm agrees to pay fines and restitution for failure to pay on state school and other construction projects., 60 – Oral agreement, pact between contractor and subcontractor to pay additional expenses unenforceable (N.Y. Sup. Ct. App. Div.), 723 – Safety bonuses, workers who earn entitled to have amount figured into regular rate for same pay period, DOL opinion letter, 79 – Workplace abuse, Solis says increased enforcement of wage and hour laws intended to send message to employers that fail to comply, car wash industry egregious, 717 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
