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With the western United States experiencing an unprecedented heat wave and the mild summer temperatures in Texas coming to an end, the construction industry is particularly at risk for heat-related injuries.  What standards does the Occupational Safety and Health Administration (OSHA) issue for working in hot environments?  The simple answer is, none. But the Occupational Safety and Health Act (OSH Act) imposes a duty on employers to protect workers from recognized serious hazards in the workplace.  Heat-related hazards are one such hazard. OSHA Classifications Although OSHA does not have a

On June 24, 2021, a portion of the Champlain Towers South in Sunrise, Florida collapsed, trapping and killing scores of residents. While it will take many months to determine the causes of the collapse or who was responsible for it, several of likely many more lawsuits have already been filed.  Those lawsuits provide an early glimpse of liability theories and potentially responsible parties. What happened? In October 2018, the Condominium Board for the Champlain Towers South received a structural engineering report from Morabito Consultants. The report was prepared to fulfill the 40-year insp

Google the term “record temperature” in 2021 and you will find a swath of news about droughts and extreme heats sweeping across the country that are far from normal. 115 degrees in Portland, Oregon and 108 degrees in Seattle, Washington are hot even by Texas standards.  Extreme heat poses unusual challenges that impact all phases of a construction project, from design through final completion. Some of these challenges may be managed by designing around them, others by contracting to accommodate them, and still others by training employees to deal with them. In this article, we examine how

Even as the nation’s vaccination rate increases, vaccination requirements by employers continue to create significant legal conflicts with their employees. Houston Methodist Hospital implemented a policy requiring all employees to be vaccinated against COVID-19.  Over 150 employees objected, protested and filed suit claiming in part that the vaccine had not been fully approved by the FDA, and that they were concerned about side effects or did not want the vaccine. The Hospital responded by stating that it played a significant role in public health and safety which necessitated the vaccine p

In recent years, solar panels have taken the forefront in America’s push for renewable, sustainable energy. You may own some solar panels yourself – a few installed on the slope of your roof or a couple laying in your backyard. But what about constructing a 900-acre solar panel farm, like the proposed Bear Ridge Solar Project in Niagara County, New York? What are the various hurdles to constructing even a few acres of solar panels? We will discuss a few below. Long Project Schedules If an individual or a company is taking the leap to build a solar farm, they will need to plan everything o

The El Paso Court of Appeals recently broadened the horizon of liability for contractors who work with the Texas Department of Transportation (TexDOT) to construct or repair roads. In A.S. Horner v. Rafael Navarrette, the El Paso court took on an issue of first impression under Texas law: Does Texas law extinguish liability for TexDOT contractors only during the construction process, or does it limit their liability after construction is completed, too? The case arose from an accident which injured Navarrette, a fire-fighter and paramedic who responded to an accident one night in El Paso. Nava

The year of 2020 had employers learning and re-learning their protocol for safety in their offices and job environments. Unfortunately, it looks like 2021 will be similar. On June 4, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance as to COVID-19 vaccine requirements in the work-place. EEOC provided clarification regarding employer-required mandatory vaccinations, employer and third-party provided vaccine incentives, and confidentiality of employees’ vaccination information. However, there are still questions surrounding employers offering employees vaccin