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Federal Preemption
Developer's Claim for Indemnity Against Architect for ADA and FHA Violations Rejected

Not Like Private Deals
City Contract May Not Be Modified Orally or by Course of Dealing, Court Holds

Business Risk Exclusion
CGL Insurer that Refused to Defend, Pay Claim Penalized, Held Liable

Little Known Hazard
Plumbers Burned as a Result of Natural Gas 'Odor Fade,' but Damage Award Reversed

Could Apply Broadly
Design Professional Denied Protection of Contract's Liability Limit by Florida Court

Part Of Lung Removed
Contractor Escapes Liability When Plaintiff Cannot Tie Infectious Fungus to Jobsite Dirt Stockpile

Disgorgement Order
Court Allows Discharge in Bankruptcy of Penalty for Violation of Contractor Licensing Law

Obligations Discharged
When Surety Takes Over Project, Owner Cannot Object to Replacement Contractor, Court Holds

Default Judgment
Notice, Accident, Own Work Defenses Rejected in Claims by General Contractor Against Plumber's Insurer

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Construction Industry News

OSHA Now Provides for Online Safety Complaints


July 31, 2000


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The Occupational Safety and Health Administration has begun allowing employees to file complaints regarding workplace safety concerns online. Employees now may complete and file a complaint online at OSHA's web site, www.osha.gov. The online form takes about 10 minutes to complete. It requests information such as the complainant's name and telephone number, the employer's name, and a description and location of the safety hazard. The complainant can request that his or her name not be released.

According to the OSHA Web site, complaints filed online generally will be resolved informally by phone with the employer. Complaints from workers in states with OSHA-approved state plans will be forwarded to the appropriate state plan for response. (Twenty-three states have such plans.) Employees also may download the form, available in PDF format, complete it and send it by fax or mail to an OSHA regional office. Written, signed complaints submitted to OSHA or state plan offices are more likely to result in onsite OSHA inspections.

Cal-OSHA, California's OSHA approved state plan, has no such on-line reporting system although complaints to the OSHA Web site presumably would be forwarded to Cal-OSHA, as described above. Complaints to Cal-OSHA are handled pursuant to procedures set forth on its web site, www.dir.ca.gov/occupational_safety.html. The process begins with an assessment of the validity and nature of the complaint. Follow-up may include on-site inspections or, where appropriate, telephone contact with the employer followed by facsimile or e-mail notification of the nature of the complaint. The employer must provide a satisfactory response to the notification regarding remedial or protective measures taken in order to avoid on-site inspection by Cal-OSHA representatives. However, one of every five employers that provide satisfactory responses nevertheless is visited by Cal-OSHA inspectors as a form of auditing.


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More than 500 online news and legal reports on construction law, including claims, payment remedies, damages, government contracting, insurance, building codes, licensing, technology, arbitration, engineering, architecture, infrastructure

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