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Construction Employer Obligations

According to OSHA (Occupational Health and Safety Act) regulations, construction employers have the duty to:

Provide a hazard free work environment

Provide safe tools and equipment to employees, and monitor employees for their proper use of tools and equipment. 

Keep employees informed of OSHA standards applicable to their workplace.

 What are the 8 legislation in construction?

  • Construction (Design and Management) Regulations 2015.
  • Control of Substances Hazardous to Health Regulations (COSHH) 2002.
  • Health and Safety (Consultation with Employees) Regulations 1996. 
  • Health and Safety at Work etc. Act 1974.

What are the 3 basic employment rights for a worker?

The Occupational Health and Safety Act entitles all employees to three fundamental rights

  1. The right to refuse work that could affect their health and safety and that of others.
  2. The right to know about health and safety matters.
  3. The right to participate in decisions that could affect their health and safety. 

Are construction workers considered laborers?

Many laborers spend their time preparing and cleaning up construction sites, using tools such as shovels and brooms.

Construction laborers, also referred to as construction craft laborers, who perform a wide variety of construction-related activities during all phases of construction.

Why is construction law important?

A wide variety of issues and concerns can come up related to construction projects.

Construction laws are available to help parties resolve their concerns.

Construction law protects parties involved in a construction project including commercial and residential projects.

The importance of construction law resources

Construction law is important to understand when caught up in a construction dispute or situation involving construction defects.

Many parties may be involved in a construction dispute and it´s important for them to know and understand the construction law when facing that dispute.

Parties can include project owners, contractors, subcontractors, equipment suppliers, design professionals, project managers, construction lenders and others. 

Parties on both sides of a dispute should know how to protect themselves if defects have been alleged, such as defective construction or breach of contract.

But also what to do if they are experiencing construction defects or a party has breached a contract.

A wide variety of issues and concerns can come up related to construction projects, and construction laws are available to help parties resolve their concerns

Problems that may arise include design, structural and construction defects, unforeseen and changed conditions, breach of contract.

Also construction delay claims, withheld payments, mechanics’ liens, claims for additional work, bid disputes, defective bids, suretyships, regulatory issues, termination disputes and other issues.

Though construction disputes can be challenging at times, construction law resources provide options to help parties resolve problems.

And helps to create a successful project for everyone involved, this is a reason why parties should know the legal resources available to them.

Construction Workers and Part 541 Exemptions

According to the FLSA, most employees in the USA must be paid at least the federal minimum wage for all work hours. 

You must also give overtime pay at time-and-a-half for all hours worked over 40 in one workweek. 

However, Section 13 makes an exception for administrative employees, executive, professional and outside sales. These are known as “white collar” exemptions.

It’s important to note that these exemptions do NOT apply to construction workers.

A non-management construction worker (whose work involves repetitive operations, energy and physical skill) is a “blue-collar” worker. 

They gained the skills necessary for their job hands-on training and apprenticeships, not through specialized intellectual instruction. 

This means that your non-management, FLSA-covered employees in construction are entitled to minimum wage and overtime pay.

This includes electricians, carpenters, plumbers, mechanics and laborers – no matter how highly paid they may be. 

If this article has been interesting for you, and if you want to know more about this topic, here there are some links where you will find more information about it:

U.S. DEPARTMENT OF LABOR

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