Construction Materials

US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections WASHINGTON – The U.S. Department of Labor today announced a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace will be published in the Federal Register on April 1. The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection. Consistent with OSHA’s historic practice, the rule clarifies that a non-emp...

Department of Labor recovers nearly $100K in wages, damages for 31 misclassified Oklahoma construction workers Employer name:                      Future Inc.Investigation sites:               10216 Oak Dr                                                        Newalla, OK 74857Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found Future Inc. – a dirt work contractor serving commercial, industrial and residential clients – misclassified 31 construction workers employed to complete major projects in a multi-state area as independent contractors. Future Inc. violated federal law by failing to pay the required time and one-half its employees’ hourly wages for h...

New York roofing company withdraws contest notice after vigorous litigation by Department of Labor, affirming egregious willful citations, $687K fine HO-HO-KUS, NJ – Vigorous litigation by the U.S. Department of Labor has convinced a New York roofing company to stop contesting the egregious willful and other citations it received and the $687,536 penalty assessed after a 2022 workplace safety investigation at a Ho-Ho-Kus worksite. On March 1, 2024, ALJ Home Improvement, a contractor with an extensive history of fall hazard violations, filed a notice of withdrawal with the independent Occupational Safety and Health Review Commission. The Nanuet, New York-based company’s action came one week before a scheduled trial litigated by the department’s Office of the Solicitor in New York. As a result, the commission has affirmed the citations issued by the department’s Occupational Safety and Health Administration including three per-instance egregious wi...

US Department of Labor recovers nearly $200K for workers underpaid by Massachusetts subcontractor at Rhode Island worksite BOSTON – The U.S. Department of Labor has recovered $199,433 in back wages for 37 workers after finding a Lawrence construction subcontractor failed to pay prevailing wages and fringe benefits to employees working on a federally funded project at a Department of Veterans Affairs medical center in Providence, Rhode Island.The department’s Wage and Hour Division investigation found Stone Art Inc. failed to pay carpenters, tapers and laborers installing drywall the required prevailing wage rate and fringe benefits required under the Davis-Bacon Act.Investigators also found that Stone Art Inc. falsified certified payroll records, failed to create and maintain accurate payroll and basic records, did not pay proper overtime under the Contract Work Hours and Safety Standards Act and failed to allow employees to accrue one hour of paid sick leave for every 30 hou...

US Department of Labor investigation of worker’s confined space fatality finds Oklahoma City-area contractor ignored federal safety measures OKLAHOMA CITY – An Oklahoma City employer’s failure to follow federal safety procedures left a 30-year-old worker suffering fatal asphyxiation as they tried to make repairs inside a water tank at a McClain County wellsite in September 2023, a federal investigation has found.Responding to the report of a fatality in Purcell, investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration determined the worker had entered a permit-required confined space to fix a leaking bulkhead valve in a production tank and then lost consciousness. Two co-workers entered the tank in a failed rescue attempt and suffered effects from exposure to low atmospheric conditions. Neither sustained injuries.OSHA investigators found the employer, C&M Roustabout Services LLC failed to evaluate the tank for hazardous conditions – including...

Federal wage investigations recover $607K for 227 workers on extension of Valley Metro Light Rail in Phoenix PHOENIX – The U.S. Department of Labor has recovered $607,395 in back wages for 227 people working on an extension of the Valley Metro Light Rail system in the Phoenix metro area. Several investigations of the companies working for Omaha, Nebraska-based Kiewit Infrastructure West Co. — the federally supported project’s prime contractor — identified violations of the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act.“A prime contractor is responsible for ensuring that subcontractors follow all regulations and procedures for projects supported, in part or fully — with federal funds — including paying prevailing wages and providing required benefits,” explained Wage and Hour Division District Director Eric Murray in Phoenix. “The Wage and Hour Division is determined to ensure that federally funded construction projects provid...

Long Island construction contractor to pay $144K, enhance compliance following US Department of Labor investigation, litigation NEW YORK – An East Patchogue construction contractor will pay $144,000 in penalties and implement enhanced compliance actions and policies to reduce workplace hazards for its companies’ and subcontractors’ employees as part of a stipulated settlement agreement with the U.S. Department of Labor.On June 5, 2019, the department’s Occupational Safety and Health Administration cited Northridge Construction Corp. for willful and serious fall protection, struck-by and electrical violations, following the Dec. 8, 2018, death of an employee. The employee fell 12 feet while walking on the roof panels of a partially completed structure in East Patchogue. Northridge Construction Corp. contested OSHA’s citations to the independent Occupational Safety and Health Review Commission.The department and Northridge Construction Corp. have reached a s...

US Department of Labor will offer training, compliance assistance at 2024 Central Alabama Construction Safety Conference, Expo Who:               U.S. Department of Labor’s Occupational Safety and Health AdministrationWhat:             2024 Central Alabama Construction Safety Conference and ExpoWhen:             March 14, 2024Where:           Hyundai Training Center                        2055 Co Road 42Montgomery, AL 36105Quote: “Employers can prevent workplace injuries and fatalities by understanding potential hazards and by committing to their employees’ safety and well-being,” said OSHA Area Office Director Jose Gonzalez in Mobile, Alabama. “All wo...

US Department of Labor, Southeast Louisiana Building and Construction Trades Council establish partnership to improve industry compliance NEW ORLEANS – The U.S. Department of Labor announced today that its Wage and Hour Division’s New Orleans district office has signed a collaborative agreement with the Southeast Louisiana Building and Construction Trades Council to protect workers and promote compliance with federal labor laws. Wage and Hour District Director Troy Mouton and Executive Secretary for the Southeast Louisiana Building and Construction Trades Council Andy O’Brien sign a three-year agreement to establish a partnership to protect construction workers and promote compliance with federal laws.The partnership will help both organizations cross-train staff, ease outreach efforts and identify possible labor violations. It will also expand information sharing and create opportunities to inform workers about their legal protections and improve employer awar...

US Department of Labor appoints 30 leaders to serve on Advisory Committee on Apprenticeship, share expertise WASHINGTON – The U.S. Department of Labor today announced the appointments of 30 members to serve on the Advisory Committee on Apprenticeship to advise the Secretary of Labor on issues related to the national apprenticeship system. Through their work on the committee, members will leverage their knowledge and experience to provide advice and recommendations on ways to use the apprenticeship training model to improve equitable access to career pathways for America’s workers and jobseekers.“The newly appointed members of the Advisory Committee on Apprenticeship offer unique perspectives, which the Department of Labor will leverage to develop strategies that drive innovation in apprenticeship,” said Acting Secretary of Labor Julie Su. “The committee represents a broad range of industry and sector knowledge that the department can harness to continue to improve, diversify and moder...

US Department of Labor recovers $119K in unpaid wages, damages for 43 workers denied overtime by Hawaii construction employer Employer:      H.K. Construction Corp.                         2046 South King St.Hawaii, HI 96826                                                                                                     Investigation findings:...