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Vol. 56, No. 2759 - 2807, pp. 1-1592 March 4, 2010 - Feb. 24, 2011 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
– Affirmative contribution, liability for steelworker fall, duty of care to subcontractor's workers (Cal., rev grant), 512
– Big Dig, managers of firms supplied substandard concrete, U.S. Atty. disappointed with sentences (D. Mass.), 428 – Byrd Miner Safety and Health Act – Construction industry, NIOSH working with worker groups, government agencies, and academics, urges OSHA participation, 1233 – Cranes and derricks – Fatalities
See FATALITIES
– Hazardous substances – Mich., bill to dismantle state agency introduced, budget deficit, 1529; correction, 1561 – Natl. Action Summit for Latino Worker Health and Safety, Solis emphasized Hispanic workers' rights, OSHA activities, 248; workers, unions, and government urge OSHA assurances, understanding of job hazards, and rights to report violations, 249; building inspectors skeptical of pilot program partnering city building inspectors with OSHA, 372 – Noise – Personal protective equipment – Protecting America's Workers Act – Roofing worker ladder fall, liability of college being renovated (Pa.), 1448 – Rules hindering job growth, Issa releases comments, 1509; OSHA rules impinging on private sector job creation, House hearing, Democrats counter, 1573 – Serious health conditions, fired worker regarded as disabled gets damage, EEOC accord (E.D. Mo.), 84 – Solar power, wind turbines, insulation, and green roofing, OSHA work group to incorporate workplace safety, 1227 – State and local laws
See specific states
– Trenching and shoring – World Trade Center, effects of disaster
See generally NEW YORK, subheading: World Trade Center
– Administration
– – Advisory Comm. on Construction, nominations sought, 463; nominations sought again, 873
– – Appointments and personnel changes
– – – Construction directorate, effects of vacancy, 756
– – – Deputy assistant secretary, Fairfax named, 181 – – – Enforcement directorate, Galassi named acting head, 181 – – FY2012 budget, administration proposal, DOL funding cuts preserve worker safety programs, 1547; standard setting improvements, voluntary protection program, separate whistleblower protection from enforcement, 1548 – – Oversight, GOP majority in House could mean decrease in enforcement efforts, 1117
– – Better Building Initiative, strategies to address unique situations in green energy industries, agency officials describe, 1542
– – Building inspectors, possible expansion of pilot for local inspectors to identify unsafe conditions during building code inspections, Barab, 1198 – – Cave-in threats, citation and proposed penalties against sewer and water contractor, targeted for Severe Violators Enforcement Program, 1297; seeking authority to continue to monitor contractor, 1438 – – Citations of specific contractors
See PENALTIES
– – Crane collapses – – Employee rights, labor agenda includes passage of key bills and heightened OSHA enforcement, 307 – – Falls
See FALL PROTECTION
See FATALITIES
See PENALTIES
– – Grants
See GRANTS
– – Hazardous substances – – Hispanic workers, groups urged to file complaints to help eliminate unsafe working conditions, 1169 – – Inspections
– – – FY2010, pace on track to significantly outpace prior years, official says, 309
– – – Pilot program partnering city building inspectors with OSHA, building inspectors skeptical, 372 – – Issuing false training certificates, N.Y.C. safety training specialist charged (S.D.N.Y.), 48; another safety trainer charged, 571 – – Lead exposure
See LEAD
– – Outreach Training Program, new training component focused on workers' rights, 536 – – Penalties
See PENALTIES
– – Scaffold Industry Ass'n, Houston, safety alliance to cut risks, better train on NIST standards, 30 – – Scaffolding, power tool guarding, fall protection, and other hazards, brickwork firm owners arrested, OSHRC final order compliance (8th Cir.), 1395 – – Severe Violator Enforcement Program, criteria shown, national inspections of related workplaces and worksites, enhanced settlement, 267 – – State plans, corrective action plans, issuance expected, 899 – – Top violations cited in FY2010, 1053 – – USPS, Smith cites as example of enterprisewide cases being pursued by new administration, 1056 – – Voluntary protection program
– – – Enzi bill preserving to improve workplace safety, 270; Am. Industrial Hygiene Ass'n supports, letter, 536; Enzi and Snowe concerned that cuts could undermine job creation by small firms, 1173; GOP may create conflicts over cooperative programs, Michaels, 1412
– – – Fee-based system, opposition
– – Asbestos
See ASBESTOS
– – Cranes and derricks – – Crystalline silica – – Fall protection
See FALL PROTECTION
– – Hearing, conservation standard for construction workers, 77; development urged, current standard excludes construction, 177; stakeholders want noise rule despite removal from regulatory agenda, AIHA, 611; administrative or engineering controls instead of PPEs to cut noise exposure considered, 1020; standard not changed, OSHA reinterpreting standard, 1088; OSHA comment period extended as requested, 1168; OSHA proposal withdrawn after criticism, other avenues to address, Michaels, 1437; proposal withdrawal not regulatory issue, 1472 – – Injury and illness
– – – Prevention, rules for silica, combustible dust, recordkeeping, and infectious diseases, semiannual regulatory agenda, 264; options considered, stakeholder meeting, 645; survey, site visits, case studies, comment sought, 758; ASSE and AIHA recommendations, 1297; GOP plans to clamp down on detrimental rules could temper 2011 expectations, Outlook, 1412
– – – Recordkeeping, rule is highest priority, administrator says, 530; Construction Directorate welcomes, official tells ASSE, 534; business opposes modernization, unions hail, privacy and electronic datakeeping concerns, 616; prevention program highest priority for Natl. Safety Council, funding for Voluntary Protection Program, 926; developing and instituting program continues to be top priority, Michaels, 989; revised directive, pilot national emphasis program, focus on manufacturing, larger worksites, and firms with higher injury rates, 1023; Enzi and Snowe concerned that cuts in voluntary protection programs could undermine job creation by small firms, 1173; GOP plans to clamp down on detrimental rules could temper 2011 expectations, Outlook, 1412 – – Limitations period, timeliness of citations for regulatory compliance more than 6 months after violations (OSHRC), 1120 – – PPE – – Semiannual regulatory agenda, 1289; 1291; 1291; 1291 – – Severe Violator Enforcement Program, program to target, nationwide inspection of related workplaces, draft directive, 138; OSHA launches, enhanced enforcement for recurring violations, looking at gravity-based penalties, 535 – – Steel erection
See STEEL ERECTION
– Appointments and personnel changes
– – Acting Chief ALJ, Rooney named, OPM approved, 1441
– – Thompson term, end may create problems, Rogers confident of resolving legacy cases, backlog, 1412 – Construction or demolition standard, citation for failure to implement fall protection, which standard applicable (OSHRC, rev grant), 24 – Demolition, crushing hazard review of fatal incident directed (OSHRC), 736 – Failure to appear, ALJ decision remanded to consider why contractor did not appear at hearing contesting serious violation (OSHRC), 280 – Fall protection, scaffolding exception for workers strictly building, failure to have responsible person, ALJ must specify standard violated (OSHRC), 1523 – Field modified aerial lift, citation for serious violation, modification without manufacturer's certification (OSHRC, rev grant), 1401 – OSHA 300 form, steel erection firm safety and risk manager signature did not comply with standard (rev grant), 1037 – Overhead power lines, reasonably prudent employer would anticipate exposure and provide training on electrocution hazard (rev), 544 – Piercing the corporate veil, legal identities, attribution of predecessor's citation history of fall protection violations (OSHRC), 1203 – Puget Sound Naval Shipyard, storage violation, hearing denied due process, evidence supported decision (OSHRC, rev grant), 1449 – Scaffold collapse, employer withdraws petition for review, settles (OSHRC), 766 – Scaffold dismantling, OSHRC deciding whether to review ALJ decision using per-instance penalty policy, 1179 – Structural collapse hazard, ALJ decision on garage collapse directed for review, existence of hazard not proven (OSHRC), 316
– Drug and alcohol abuse
See specific offices
– Butler County, Ohio Contractors Assn. heavy highway pact pact, jurisdictional dispute, traffic control systems (NLRB), 242
– Case summaries, 1374 – Cincinnati
– – Martin Luther King Jr. holiday, school board resolution halting construction, 912
– – Prevailing wages, developer dut to pay on non-public portion parking garage project (Ohio Ct. app.), 965 – Competitive bidding, losing bidder gets costs of preparing proposal, competitive bidding laws (Ohio), 672 – Cuyahoga County, contractor charged with bribing officials to get contracts on projects with federal funding (N.D. Ohio), 272 – Prevailing wages
– – Commerce Dept., private contractors who violate on public projects must pay penalties to workers (Ohio), 26
– – Franklin County
– – – Bd. of Commrs., baseball stadium, painting contractor disqualification (Ohio), 148; electrical contractor's claim over bidding dispute, 186; county ordered to reconsider bid, rejection for prevailing wage violations abused discretion, 315
– – – Public construction, bidding, prior prevailing wage infractions disqualify, 1586 – – State public projects, governor reiterates intent to save state money, 1529 – Univ. of Toledo renovation projects, ABC has standing, prevailing wage complaint against non-member plumbing contractor work (Ohio Ct. App.), 1152
– Alaska
– – Natural gas pipeline, delay of in-state project, 773
– – North Slope, open season to solicit bids from potential shippers before pipeline built, 411 – Clean Energy Jobs and Oil Company Accountability Act – Foster Wheeler, Okla. law governs Cal. resident's claims for mesothelioma installing boiler in Okla. refinery 50 years ago (Cal.), 54 – Health and safety, NIOSH to examine more closely, Outlook 2011, 1412 – Keystone Gulf Coast Expansion Pipeline Project, PLA signed for U.S. portion, 869; PPF, IUOE, IBT, and LIUNA officials urge finishing environmental assessment, crossing Canadian border requires presidential permit, 1111; Sec'y of State urged to approve promptly to boost job creation, 1143; unions satisfied with response, considering labor and environmental concerns, 1236; House GOPs sent Clinton letter urging help in expediting approval, 1287; DOE report shows proposal helps cut U.S. dependent on Middle East oil, confusion over study conclusions, 1515; bipartisan group of House members urge Clinton approval, 1544 – LA Pipeline Constr., black laborers on gas pipeline maintenance and construction project, racial epithets and nooses (E.D. Ohio), 503 – Mich., fuel taxes and vehicle registration fees, hike to fund transportation investment, Chamber of Commerce, study shows risk, 448 – Motor fuel tax, measures to replace, fund backlogged infrastructure projects, report, 954; Voinovich and Carper urge deficit-reduction panel to increase gas taxes to fund transportation projects, 1108; Natl. Comm'n on Fiscal Responsibility and Reform urges gas tax hike to fund transportation infrastructure projects, 1141; 15 cent increase recommended, report, 1227 – Oil Spill Response Improvement Act – Power plants, CSHIB report on Conn. natural gas explosion, ASME code amendment ban, OSHA standard urged, 957
– Transp. Dep't, revoking status as prequalified bidder after contractor criticized highway project design, retaliation, 11th Amend. (10th Cir.), 502
– Senior Community Serv. Emp. Program, ETA final rules, comments on performance indicator on volunteer work, semiannual regulatory agenda, 264
– Age discrimination
– Case summaries, 1374
– Local 2, DOL not required to produce Vaughan index to decline FOIA request, exemption for interference with law enforcement proceedings (N.D. Ill.), 1083 – Local 3, concrete batching, jurisdictional dispute with IBT Local 853 (NLRB), 959 – Local 12, Cal. highway and bridge projects, effect of AGC contract dispute, spot strikes, 827 – Local 17, RICO, official pleads guilty to criminal enterprise to force employers to hire union members (W.D.N.Y.), 208 – Local 49, AGC of Minn. pact attained, 546 – Local 68, former president pleads guilty to benefits fraud and theft (D.N.J.), 791; sentenced, 1333 – Local 150
– – Acceptance of equipment from a firm with contacts with union, leader guilty plea (N.D. Ill.), 42; guilty plea, 104; sentenced, 1018
– – Chellino Crane Rental, appointment of craft foreman at Exxon refinery without union input, arbitration awards upheld (N.D. Ill.), 960 – – Mid-Am. Reg'l Bargaining Ass'n talks, strike halts N. Ill. road, bridge, and building projects, 605; pact attained, strked ends, 639 – – Sunbelt Rentals, members strike, bypassing union, presenting pact proposal directly, ULP, 431
– – Detroit Edison, safety agreement on emissions control, 676
– – Pension Fund, investment adviser sentenced, excessive fees, plan assets for personal use (N.D. Ill.), 529 – Local 487, Gimrock Constr. to bargain at least 16 hours per week until pact attained or lawful impasse (NLRB), 1522 – Local 542, Phil. Gen. Bldg. Contractors' Ass'n pact attained, E. Pa. strike continues, 348 – Local 701 Pension Fund, joint and survivor annuity, abuse of discretion, denying beneficiary change request after retirement (D. Or.), 214 – Local 793, Ontario, assigning highway electrical work to unions other than IBEW, established practices (OLRB), 1273 – Local 825 Pension Fund, crime family member sentenced, ordered to pay restitution, gambling, extortion, fraud, bribes, RICO (D.N.J.), 1087 – Locals 138, 138A, 138B, and 138C, single employer, related firms jointly liable for delinquent contributions (E.D.N.Y.), 1583 – Locals 302 and 612, AGC of Wash. pact attained, 506; UBC pact ratified, 653 – Pension Trust Fund, rock firm compelled to arbitrate withdrawal liability (N.D. Cal.), 1581 – Pension Trust Fund, withdrawal liability, welding firm accord (N.D. Cal.), 23 – PMI Group, allegation by union pension funds of deceptive mortgage practices, $31.25M settlement (N.D. Cal.), 879
– Job creation, Intel building new and renovated manufacturing plants, 1069
– Legislative and regulatory roundup, 1498 – Mandatory meeting law, businesses challenge bar on worker discipline for missing meetings where employers' views on unions expressed, 1st Amend. and NLRA preemption (D. Or.), 343 – PLAs, Portland federal building renovation, building trades and general contractor, first on federal project in state, 384 – Prevailing wages, bill extending law to solar energy systems on public buildings signed, 90; amended rule governs new solar projects on public buildings, 1343 – Workers' compensation
– – Ballot initiative letting private insurers offer coverage, building industry supports, 587
– – Or. Contractors Trust, member-owned trust files for bankruptcy (Bankr. D. Or.), 1452
– Access to premises, refusal to let nonemployee union representative in front of food stores, other groups allowed (NLRB, briefs sought), 1139; unions, business and worker groups respond (briefs filed), 1481
– Employee Free Choice Act proposal – Property dispute, UBC Reg'l Council picketed, hung banners, handbilled, and obstructed access to force subcontractor to recognize union on hospital project (La. Ct. App.), 245 – Salting
See SALTING
– Serving workers, labor must change strategies and approaches, opportunity to avoid demise of unions, IBT official, 427 – ULPs OUTSOURCING
– Bargaining duty, union benefit funds contracted out claims processing work without bargaining with new union, ULP (NLRB ALJ), 314
– Contracting out
See specific states
– Administrative exemption, discretion and independent judgment, dispatcher at crane rental firm (11th Cir.), 470
– California
– – Failure to pay and to keep hours records, electrical contractors debarred, 93
– – Failure to pay, recordkeeping, hours of work, and kickbacks, Cal. accord with drywall firm (Cal. Super. Ct.), 188 – Enforcement, WHD launch of public awareness campaign, 179 – Investigation of N.C. firm reveals multiple hours violations (DOL), 817 – Mass., mechanical contractor to pay restitution and fines, accord, 92 – N.Y.C., contractor overcharging for unearned overtime, accord announced, 1375 – Pre-shift planning meetings, road workers' entitlement to pay for attending (11th Cir.), 503 – Public housing projects funded by ARRA, demolition contractors and owners owe back pay, debarment sought (DOL ALJ), 1259; additional contractor cited, 1296 – Scheme to under pay, false reports, falsified time sheets, sheetrock contractor guilty plea (D. Minn.), 1367 – Systemic violations of FLSA, cement firm failure to pay per-load drivers for hours over 40, DOL accord (S.D. Tex.), 1334 – Unintentional failure to pay workers, Mass. contractor pays restitution and penalties for violations, 125 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
