Sunday, July 28, 2013

John Ratkowitz to Publish Article “The Standard of Care in Commercial Construction Site Safety Management” in the September 16, 2013 edition of the New Jersey Law Journal.

On September 16, 2013, John Ratkowitz will publish “The Standard of Care in Commercial Construction Site Safety Management” in the New Jersey Law Journal. 

OSHA is widely cited by safety experts in cases involving accidents on commercial construction sites. Nevertheless, OSHA regulations paint with a wide brush when it comes to requirements relative to proactively managing safety on a day-to-day basis.  This article discusses and summarizes the published standards beyond OSHA that deal with the safety policies and procedures that must be in place on commercial construction sites, including standards which require: (a) the review of a subcontractor’s safety history before hiring,  (b) the incorporation of safety requirements into work related contracts, (c)  comprehensive written health and safety plans and site specific safety developed by general contractors, (d) site specific safety plans developed by subcontractors, (e) a written description of the specific safety responsibilities of the general contractor’s management team and certain designated workers of subcontractors, (e) site safety inspections and reports, (f) safety training and orientation, and (g) steps that must be followed in accident investigations.  

Attorneys who have a working knowledge of these published standards will be in a better position to obtain relevant documents in discovery, buttress the opinions of their liability experts and effectively depose and cross examine experts hired by their adversaries. 

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