Welby, Brady & Greenblatt, LLP

Safety Policy - Rare OSHA Win for an Employer Based on "Unpreventable Employee Misconduct"...On occasion, I’ve cautioned against over-enthusiasm for the unpreventable employee misconduct defense in OSHA contest proceedings. Basically, that’s because the requirements to establish that defense are more exacting than most people think. https://www.wbgllp.com/single-publication.php?type=2&id=319

Returning to Work in the Covid-19 Era - One month ago, when this column last appeared, not much was known about the progress of the COVID-19 virus. The curve was peaking (although we did not know it at the time), and it was not known how long New York’s pause would last. Since then, although schools have been closed for the remainder of the year, we are at a point where the pause will be lifting, and construction will be in the vanguard. However, with most job sites idled... for the last several weeks, we now have to think about how to proceed again once those sites open, and how to begin to recover from the effects of the shutdown. This column will address two concerns relating to the resumption of work (and the continuation of work on essential job sites that never shut down). https://www.wbgllp.com/single-publication.php?type=3&id=318 See more

The New York Compensation Insurance Rating Board (NYCIRB) has established a new Workers’ Compensation classification code in response to the COVID-19 pandemic. Read about the details and download NYCIRB code here - https://www.wbgllp.com/single-publication.php?type=5&id=174

Attorneys' Column - FAILURE TO COMPLY WITH CONTRACTUALLY REQUIRED NOTICE OF CLAIM DOOMS ALL PARTIES’ CLAIMS ...Construction contracts, like other contracts, are meant to define the relationship between the parties to the contract. With the exception of certain provisions which have been held to violate public policy (pay-if-paid, pre-emptive lien waivers, indemnification of a party for its own negligence, etc.), contracts will generally be enforced as written. The principle was once again underscored by an appellate court in the recent case of Redwing Construction Co., Inc. v Sexton, with regards to a notice of claim provision. Read complete article here: https://www.wbgllp.com/single-publication.php?type=3&id=315

Safety Policy - Citation Upheld Based on Employees Working While Standing on Guardrails of Lift Basket: This month’s case attests to the willingness of construction workers to work under dangerous conditions, and clarifies a couple of doctrines you should be aware of, with respect to the OSHA Act’s construction standards. https://www.wbgllp.com/single-publication.php?type=2&id=314