Michael Best attorneys Charles B. Palmer and Miguel A. Manriquez were featured in Safety BLR on September 21, 2015.
You send workers up on the flat roof to fix an HVAC unit. Is the work considered “maintenance,” covered under OSHA’s general industry fall protection rules, or “repair,” subject to OSHA’s construction rules? You send workers in to a tank to clean and paint it. Is the work covered under OSHA’s confined space rule for general industry or under the new OSHA confined spaces in construction rule? You may be surprised at the answer.
General industry operations (manufacturing, health care, service, retail, trucking transportation, etc.) are covered under standards contained in 29 CFR 1910, while construction work is governed by 29 CFR 1926. However, the type of work that employees are performing on any given day, not the industry in which they are employed, dictates the applicable standards.
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Preview Attorney's BiographyChuck is a go-to lawyer for complex cases involving OSHA, employment law, labor negotiations, independent contractor and joint employment matters. Clients rely on his years of experience in dealing with state and federal enforcement agencies to develop human resource, safety and environmental policies and practices that prevent problems and save them significant expense. Chuck has defended employers in more than 1,000 Occupational Safety and Health Administration (OSHA) citation cases over the past 26 years.
Preview Attorney's BiographyMiguel’s practice includes matters relating to labor relations, contract negotiations, and labor and employment litigation. His counsel is informed by insights and knowledge gained from prior work at the National Labor Relations Board (NLRB). Miguel has spoken on topics such as the Wisconsin right-to-work laws and the National Labor Relations Act and protected concerted activity. Prior to joining Michael Best, Miguel worked as a litigator in the New York City and Los Angeles, California regional offices of the NLRB.