BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Wednesday, August 11, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide construction counsel with advice based on recent decisions by the Occupational Safety and Health Review Commission that found contractors were liable for hazardous working conditions and subject to civil and criminal penalties for these worker safety violations. The panel will address best practices and advise on steps construction clients should take to mitigate future risk and establish procedures and oversight.

Faculty

Taylor E. White
Shareholder
Winstead PC

Mr. White regularly advises employers on requirements and best practices regarding discrimination, harassment, and retaliation claims under state and federal employment laws, and he often counsels clients on a myriad of litigation avoidance strategies. When in court, Mr. White is a zealous advocate on behalf of his clients for claims of breach of contract; employment-related torts; wage and hour violations; trades secrets misappropriation; restrictive covenant breaches; discrimination, harassment and retaliation issues; and other state and federal law issues stemming from workplace disputes. Mr. White further assists employers navigate government audits and investigations, including proceedings brought by the EEOC, OSHA, and their state-level counterparts.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Kevin D. Bland
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Mr. Bland provides a wealth of experience in Health and Safety.  Before he began his legal career, Mr. Bland had nearly 20 years of construction, safety, and business experience. He holds a Contractor’s “A” License and his practice focuses primarily on safety, risk management, Cal-OSHA regulatory rulemaking, and Cal/OSHA citation appeals. He counsels and represents various industries including construction, manufacturing, motion picture and television, and various other general industry clients along with various trade associations, construction contractors, and material suppliers. Mr. Bland has participated in rule-making advisory committees for various Cal-OSHA divisions and served as a consultant to the Crane Unit in the development of load testing procedures for mobile cranes.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The consequences to the construction industry stemming from worker safety violations are not limited to civil monetary penalties and specific hazard abatement requirements levied by the Occupational Safety and Health Administration (OSHA). Violations can lead to criminal liability under the Occupational Safety and Health Act (OSH Act).

Construction counsel must advise clients on what constitutes a criminal penalty when any employer willfully violates an OSHA standard and an employee dies as a result. OSHA's issuance of a "willful" citation following an employee fatality is not sufficient to establish criminal liability because willfulness must be proven "beyond a reasonable doubt" in the criminal proceedings, along with other necessary elements. If proven, the employer may be fined and/or face imprisonment.

Counsel should guide clients in reviewing and revising operations and safety manuals to ensure they are up-to-date with current protocols and advise clients to address known or obvious workplace hazards and employee safety complaints and concerns. Counsel must train company management on handling OSHA inspections and investigations before an OSHA investigation and involving counsel if OSHA arrives for an inspection or investigation.

Listen as our expert construction panel discusses the state of current OSHA inspections and investigations and how the contractual relationships between the various project members, including prime contractors, subcontractors, construction managers, and professional consultants, can allocate or even shift primary responsibility from one party to another.

Outline

  1. Standards established by OSHA
  2. OSH Act
    1. Willful violations and criminal penalties
  3. COVID-19 safety and health procedures
  4. Consequences of increased onsite inspections
  5. Allocation of risk in contracts

Benefits

The panel will review these and other key issues:

  • How can construction counsel limit liability for clients facing OSHA investigations and/or OSH Act violations?
  • How can employers ensure worksites are complying with all of OSHA's COVID-19 safety and health procedures?
  • As OSHA increases onsite inspections, what should construction industry employers expect?
  • How can counsel shift liability for safety violations via construction contracts?