Posted
by

UPDATE: OSHA has extended its temporary enforcement policy through March 8, 2016, only for employers engaged in residential construction work.  OSHA had extended the temporary enforcement policy through January 8, 2016.

In response to industry participants’ request for an extension of the effective date of the Confined Spaces in Construction standard published on May 4, 2015 and in effect on August 3, 2015, OSHA has confirmed that, although it will not delay the effective date it will postpone full enforcement of the new standard for 60 days from the effective date of August 3, 2015 to October 2, 2015 if the employer is “making good faith efforts to comply” with the new standard.

Continue Reading ›

Posted
by

Pillsbury attorneys Julia Judish and Rebecca Rizzo have published their client alert titled The Changing Compensation Landscape for Government Contractors, New Executive Order Mandates Paid Sick Leave for Employees of Government Contractors, and Department of Labor Issues Final Rule on Contractor Pay Transparency. The Alert discusses (1) President Obama’s Executive Order issued on Labor Day that will require federal contractors and subcontractors to provide their employees working on covered government contracts with up to 7 days of paid sick leave per year, effective for federal contracts entered into on or after January 1, 2017, and (2) the Department of Labor’s Final Rule on Executive Order 13665 issued on September 11, which amends Executive Order 11246 to prohibit “pay secrecy policies and actions” for government contractors and subcontractors, effective January 11, 2016.

Posted
by

The U.S. Army Corps of Engineers often exercises its Clean Water Act (CWA) Section 404 permitting authority through administrative “jurisdictional determinations”, in which the agency usually determines whether a proposed project involves the deposit or disposal of dredge and fill material into wetlands deemed to be “waters of the United States” subject to the jurisdiction and control of the Corps of Engineers.  These determinations can be controversial, particularly when the Corps of Engineers’ authority is based upon laws, rules and administrative practices that may not be clear.  Recently, two U.S. Courts of Appeals have issued conflicting rulings with respect to the issue whether the Corps of Engineers jurisdictional determinations are “final agency rules” that can be promptly reviewed in federal court in the wake of the Supreme Court’s unanimous decision in the 2012 case of Sackett v. EPA, 132 S.C.t. 1367 (2012).  The two rulings are Belle Co. LLC v. US Army Corps of Engineers, 761 F.3d 383 (5th Cir. 2014), and Hawkes Co., Inc. v. U.S. Army Corps of Engineers, 782 F. 3d 994 (8th Cir. 2015).  These rulings take on added significance because of the new rules issued by EPA and the Corps of Engineers redefining the concept of “waters of the United States”, which is the linchpin of federal regulatory power under the CWA.  These rules were made effective on August 28, 2015, and many challenges have been filed in both federal district courts and the Court of Appeals.

Continue Reading ›

Posted
by

On September 21, 2015, the U.S. Court of Appeals for the Seventh Circuit issued an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), cost recovery lawsuit ruling relating to a contractual release of liability that pre-dated CERCLA.  The case is The Peoples Gas Light and Coke Company v. Beazer East, Inc.

Continue Reading ›

Posted
by

Pursuant to his authority under California Government Code § 8620, Governor Brown declared a state of emergency on September 11  in Amador  and Calaveras Counties, and on September 13 for Lake and Napa Counties for the wildfires that started in early September.  Contractors beware that Section 7028.16 of California’s Contractors’ State License Law, Business & Professions Code §§ 7000 et seq., expressly prohibits engaging in the business or acting in the capacity of a contractor without having an appropriate license when offering or performing repairs to a residential or nonresidential structure for damage caused by a natural disaster.  A violation of Section 7028.16 is punishable by a fine up to $10,000 and/or imprisonment for up to 16 months in a state prison.

Additional Source:  Contractors State License Board Offers Resources for Northern California Wildfire Victims; State Tax Relief for Victims of the Wildfires in Amador, Calaveras, Lake, and Napa Counties

Posted
by

UPDATE:   Stevens Wins Solar Decathlon 2015 — CONGRATULATIONS!

The U.S. Department of Energy’s Solar Decathlon is a biennial event that challenges collegiate teams to design, build, and operate solar-powered houses that are cost-effective, energy-efficient, and attractive. The winning team will be the one that best blends affordability, consumer appeal, and design excellence with optimal energy production and maximum efficiency. The Solar Decathlon U.S. 2015 will take place October 8 through 18 at the Orange County Great Park in Irvine, California.

Continue Reading ›

Posted
by

The Philadelphia Department of Licenses and Inspections (L&I) has posted notice that the new demolition contractor license requents are effective October 1, 2015.  L&I has made available information on Demolition Contractor License Class A and Class B application requirements. According to its website, L&I will begin accepting license applications on September 14, 2015 and on and after November 1, 2015 a licensed demolition contractor must be identified on all demolition permit applications.

Additional Source:  City of Philadelphia Announces new Demolition Standards and Initiatives (June 10, 2013)

Posted
by

In late August 2015, the California Supreme Court denied Pacific Caisson & Shoring, Inc.’s (Pacific Caisson) petition for review of the Second Appellate District Court of Appeal’s decision affirming the trial court’s judgment that Pacific Caisson did not substantially comply with the requirement that a contractor be licensed while performing work requiring a license, as contemplated by Section 7031(e) of California’s Contractors’ State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq.  The Court of Appeal’s further held that the trial court’s judgment falls within the ambit of Section 7071.17of California’s Contractors’ State License Law; Pacific Caisson’s license was suspended pursuant to Subdivision (b) of Section 7071.1 as an associated license of Gold Coast Drilling, Inc., a licensee with an unreported final judgment imposed against it.

 

Posted
by

The Philadelphia Department of Licenses and Inspections (L&I) a has issued a Notice regarding new Occupational, Safety and Health Administration (OSHA) 10 and OSHA 30 safety training (or equivalent) requirements in effect October 1, 2015.  L&I is offering Safety Training Information Sessions on the new training requirements on September 30, October 7, and October 14 at 10 a.m. and 11 a.m.

Continue Reading ›

Posted
by

On September 11, 2015, the United States District Court for the Eastern District of Louisiana issued a significant ruling holding that CERCLA’s “Petroleum Exclusion” applies to the release of crude oil and any quantities of benzene, toluene and xylene present in this crude oil resulting from the Deepwater Horizon oil spill of April 20, 2010.  Accordingly, the spill reporting requirements of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) were not triggered by this spill.  The case is In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on July 20, 2010.

Continue Reading ›