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Construction Law Updates – Legal Reader

Daily Legal Briefing by Daily Legal Briefing
August 19, 2022
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Construction Law Updates – Legal Reader
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Between 2021 and 2022, the United States federal government passed several new construction laws directly revolving around the COVID-19 pandemic.


Construction companies need to follow laws set by the United States Department of Labor, as well as rules and regulations set by the Occupational Safety and Health Administration. These laws and rules are changing all of the time, so it is important that construction company leaders stay up to date. Doing so helps to both keep employees physically safe and keep construction companies safe from lawsuits.

Ladder Laws

Ladders are used for just about all construction projects, so it comes as no surprise that OSHA has dozens of rules about the “right” way to use them. Recently, there has been much discussion in the construction community about whether or not ladders should have cages on them.

While OSHA does not require ladders to have a security cage, it does have rules in place for the specifications a cage must have if it is in use. The insides of the cages cannot have any projections. The cages have to be between seven and eight feet above the bottom of the ladder. They also need to fully surround the ladder. These are just some examples of cage rules. Anyone who wants to learn more will need to get out OSHA code 1926.1053 (a) (17-27).

Locked Doors

If a construction company is not careful, they can be liable to be sued for just about any mistake. The more responsibility the construction company takes on, the more risk they take on as well.

Many construction companies are given keys to a building to make the job easier. However, having keys doesn’t always make a job easier. One architect was recently brought to court for leaving a door unlocked after leaving a building. They were determined to owe a duty of care. This story should work as a cautionary tale for other construction workers and companies.

COVID Precautions

Between 2021 and 2022, the United States federal government passed several new construction laws directly revolving around the COVID-19 pandemic. These laws applied to both construction employees that directly worked for a company as well as subcontractors who occasionally worked for a company.

Most of the new Covid-19 laws required employees to choose between getting a vaccine or undergoing regularly scheduled COVID testing. If vaccinated, employees would need to show proof of this. If tested, employees would need to show their employer their test results. Lying about this, especially in regard to forging documents, can result in perjury charges.

Ivermectin is Ineffective Against COVID Progression
Photo by Daniel Schludi from Pexels

Other laws required employees to wear masks while working. This is generally harder to enforce than the vaccination rules. Both rules served to protect both employees and clients from the virus.

Customer Reviews

Customers are not legally required to leave a construction company any kind of review, good or bad. This is entirely up to the customer. While construction companies can offer rewards (discounts, etc) to customers who leave a review, they cannot require a customer to leave a review in order to be serviced.

Customer reviews are used across the web to help new customers decide which company they want to hire. There are also various professional review organizations that use a business’s reviews and net promoter score to rate companies. The better reviews and higher ratings a company has, the more likely it is to get more business.

Construction laws change all of the time. Construction companies need to pay attention to all new law changes to protect their employees and their business as a whole. Construction company bosses would do well to both check new state-wide and federal construction laws on a regular basis to ensure that everything in their business goes as smoothly as possible in their business operations.



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